I hope I'm not duplicating my post; it didn't seem to show up the first time.
My Dad passed away at my Massachusetts home after a 5 month battle with cancer. He was staying with me so that he could get treatment in Boston, but his legal residence is in Maine. I was so flustered when prearranging for his cremation before his death that I put my Mass address on the form, and that is what the death certificate shows as his residence. I've already commenced probate filing in Maine. He owns no property in Mass. Can/should I try to get the death certificate amended? Will Mass try to exert jurisdiction?
Thank you.
Margaux
Probate Jurisdiction and domicile
It is always so hard to deal with the loss of a parent, let alone take care of them through their last illness. I am sorry that you have gone through so much.
It does not sound like your dad had the requisite intent to change his domicile from Maine to Massachusetts. If he had no property in Massachusetts, then I do not expect that Massachusetts will ever take issue with your dad being a resident of the state of Maine. Certainly the local Probate Court will not care (they have enough to do)- the only possible issue is the MA Dept of Revenue. I think that it is possible Maine may want you to obtain a corrected death certificate. In Massachusetts the court typically wants the Petition for Probate to match the death certificate, but quite often you can work around that. Obtaining a corrected death certificate can be a bit of a process. So don't worry about Massachusetts for now. Talk to the local Probate Court and I think that everything will be good.
Attorney Peter Bernardin
Probate Jurisdiction
Thank you so much for your kind condolences and response to my question. Even though my Dad was great about putting his affairs in order, discussing his preferences, creating a will, etc., I still wish I had been more proactive. Being the executor is a huge responsibility and if I had thought things through and taken some steps while he was alive, this last week would not have been so very difficult.
I did call the Maine probate court and they have already processed the estate. They don't really care what's on the certificate. If the Mass DOR comes after me, I think I could prove that he wasn't a resident based on license, tax returns, etc. The funeral director suggested maybe filing an affidavit with the city clerk might be one way to go.
He is looking into the process of amending the certificate, so I'll see what he says about it.
Thanks again!
Margaux
Probate Jurisdiction
Great news from the Probate Court.
I would be very surprised if the MA DOR ever contacted you, and if they did, your position is very strong.
Jurisdiction of probate court in MA
As Attorney Bernardin mentioned, the jurisdiction of the MA Probate Court over decedents and estates is based on domicile in the state. See Chapter 190B, Section 1-301:
Except as otherwise provided in this chapter, this chapter applies to: (1) the affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this commonwealth, (2) the property of nonresidents located in this commonwealth or property coming into the control of a fiduciary who is subject to the laws of this commonwealth, (3) incapacitated persons and minors in this commonwealth, (4) survivorship and related accounts in this commonwealth, and (5) trusts subject to administration in this commonwealth.