Some estate planning tools are designed to help assets avoid probate. Because of this, many people who are unfamiliar with the probate process may get the impression that probate is a bad thing, to be avoided at all costs. That isn't the case. In fact, probate is a...
probate
Understanding a Massachusetts will contest
When a Massachusetts resident signs his or her will, the common assumption is that the disposition of the assets owned by the signer will be distributed according to the terms of the will. Unfortunately, some wills make people mad. This anger is usually the result of...
Selecting the right person to serve as personal representative
A personal representative has a very important role. They oversee the probate of your estate after you die. You want to make sure that the person chosen for this role is up to the task. Massachusetts law dictates who will be your estate’s personal representative based...
Does everything have to go through probate?
Many Massachusetts residents are put in a difficult position after a loved one dies. Not only must they face their grief, but they also suddenly have the responsibility of settling their loved one's estate. For those who are not familiar with the process of probate,...
Personal representatives’ duties begin almost immediately
Losing a loved one is not easy. It takes time for family and loved ones to grieve and move on. However, in the immediate aftermath of the passing the estate of the deceased needs to be settled. This is a process that may need to go through probate and the personal...
The probate process
The probate process refers to the legal process whereby a deceased person’s estate is closed out. This means all the debts are paid and the remaining assets distributed to the deceased’s Franklin, Massachusetts, beneficiaries. The executor/administrator The person in...
How does mental capacity play into the probate process?
Taking an estate through the probate process can be stressful, especially when concerns arise over the validity of certain estate planning documents. These disputes can be time-consuming, costly, and damaging to familial relationships. That’s why it’s important that...
Informal probate and formal probate in Massachusetts
When a loved one dies with a will, their estate will need to be probated. Probate is the process through which the deceased’s creditors and taxes are paid, and estate assets are identified and collected and then distributed to the appropriate heirs. Massachusetts...
What are the requirements for informal probate in Massachusetts?
The loss of a loved one is an emotional time for family members left behind. People might not want to think about the technical issues surrounding the person’s estate, but it is necessary. In Massachusetts, probate might be needed to ensure the decedent’s will is...
Voluntary administration – A simplified probate proceeding
Did you lose a loved one who had few assets to their name and no real estate upon their passing? If so, you may be eligible for a simplified probate process known as “voluntary administration.” Voluntary administration may be an option even if your loved one did not...