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...
probate
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...
Signs that the fiduciary duty is being breached
There’s no doubt that losing a parent is hard. As you try to cope with the emotional realities of losing a close loved one, you also have to deal with the financial implications of their passing. Oftentimes, this takes the shape of estate and trust administration. On...
Why do some try to avoid the probate process?
Probate is a legal process that endeavors to settle outstanding issues that are related to the disposition of individuals' end-of-life estates. For some Massachusetts residents, probate is a necessary component of closing out the legal and financial issues that come...
Under what circumstances may probate be necessary?
Many Massachusetts residents take it upon themselves to prepare estate plans that minimize their chances of having to go through probate. Probate is not an inherently bad process, but it can be time consuming and costly if it drags on long after a decedent's passing....
How long can an estate be stuck in the probate courts?
As with all legal matters, readers should be aware that their individual probate timelines may be very different from those of others who also must go through the process. As every Massachusetts resident will pass on with a unique estate, the individual...
What is the probate process?
The Massachusetts probate process may seem complex and difficult to understand, but it does not have to be that way. Getting answers to common questions about what the probate process is can help estate planners and families know what to expect from probate.Probate...