When a loved one passes away, their estate must go through probate. You may believe that if your loved one has a will, you can avoid probate, but that is not necessarily true. Probate is the legal process of settling an estate. This includes validating the will,...
probate
Formal and informal probate in Massachusetts
As you go through the probate process, you may have many questions. One of your first questions might be what type of probate to file. Many people are not even aware that Massachusetts has two different types of probate: formal and informal. Formal probate Formal...
Do I have options if the executor is not following the will?
After a loved one dies, as a beneficiary of their estate, grief and loss is your primary concern. However, as you work through that process, your rights in that loved one’s estate become clearer. And, in the aftermath of a loved one’s passing, the executor holds a...
Contesting a will in Massachusetts
In Massachusetts, as in most other states, a person’s will is supposed to settle all questions about the disposition of the maker’s assets. In some situations, however, a will can create conflict instead of eliminating it. If a relative of the decedent feels unfairly...
Why do people plan to avoid probate?
Those who read this legal blog regularly likely know about probate. For the uninitiated, probate is the legal process of settling an individual’s estate after death. It often poses challenges, such as time delays, expenses and the loss of privacy. As a result,...
What happens if it’s too late to file for probate?
The death of a loved one is usually a stressful and emotional time. You may spend several weeks in shock, and your grief can last years or even a lifetime. With everything going on, thinking about legal issues such as how to administer your loved one’s estate is...
Why is it a smart estate planning tactic to avoid probate?
If you have a will or a trust, you may think that your estate planning is complete. However, there is another important aspect of estate planning that you should not overlook: avoiding probate. Probate Probate is the legal process of settling your estate after your...
Do you really need to avoid probate?
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...
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...