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MA Estate Planning Law (Wills/Probate) Questions and Answers

Topic	Replies	Created	Last reply
Questions re: Miscellaneous Provisions in a will I've written my Last Will & Testament using a will template that's supposed to be legally valid in Massachusetts. I have questions about two items in...	0	1 year 41 weeks ago by Diana	n/a
Breach of Fudiciary Duties Hi there, I was wondering if I can sue a former trustee due to incompetence (gross negligence in managing bad investments) and animosity towards a be...	2	1 year 41 weeks ago by rays22	1 year 41 weeks ago by rays22
Can I as trustee distribute some trust assets to ultimate beneficiaries prior to completion of estate probate? I and a close friend are co-trustees of an irrevocable trust set up by my mom's husband (my stepfather) who predeceased her by 20 yrs. My mother, who...	1	1 year 42 weeks ago by harumbe	1 year 42 weeks ago by Peter Bernardin
Terminology for unmarried couples My (opposite sex) partner and I are creating wills and consulted a lawyer who was not comfortable using the term "partner," fearing that it could be c...	1	1 year 43 weeks ago by Kwills	1 year 43 weeks ago by The Editor
Estate benneficiary dies. Does his chid have claim to his share of the estate? My Grandfather died without will and with everything in his name. I am told that the property is now an estate and must be divided to hi wife (my gran...	0	1 year 43 weeks ago by rkc20081	n/a
Retirement Account Beneficiaries before/after marriage I'm middle-aged and getting married soon for the first time. My fiance has already been added (by me) as a beneficiary to some of my bank/investment a...	0	1 year 43 weeks ago by Anonymous	n/a
Spendthrift trust for my son living in MA Hello. I'm planning on establishing a trust for my son with a fairly large amount of money. He's had trouble in the past with alcohol and with money...	1	1 year 44 weeks ago by Brendan8	1 year 44 weeks ago by The Editor
Can a Irrevocable Trust be challenged in Massachusettes? Can a Irrevocable Trust be challenged in Massachusettes? Example: Mother dies, leaves home to the oldest adult son of three children and nothing to h...	1	1 year 45 weeks ago by bigmikeh68	1 year 45 weeks ago by The Editor
Power or attorney required to make reports to beneficiaries in MA? Hello. I've been my mother's power of attorney for two years now and I've generally done nothing too exciting. Paid her bills mostly. Now I have a ...	1	1 year 46 weeks ago by Anonymous	1 year 46 weeks ago by The Editor
Revocable trust questions Does everyone named in the trust have to be informed when a trust is created? Is my house protected immediately? Is an IRA with my children as ben...	1	1 year 47 weeks ago by Jenna	1 year 47 weeks ago by The Editor
Copies of Wills... Hello again... My dad only had one copy of his will... Can I photocopy it and present the original along with copies to a notary to be signed and ...	0	1 year 48 weeks ago by Wondering	n/a
Should these accounts be included in Probate? Hello to all.. My dad recently passed and I have been his POA for many years. I am co-owner on several of his bank accounts and CDs but they have ...	2	1 year 48 weeks ago by Wondering	1 year 48 weeks ago by Wondering
Reading of the will under MA law? I guess I'm just thinking of the movies but I'm wondering why when my aunt recently died there was no reading of the will. Is it required anymore und...	1	1 year 48 weeks ago by Grett	1 year 48 weeks ago by The Editor
Trustee refuses to send account information for trust My two boys, age 12 and 15 are the beneficiaries of a trust set up by a great-aunt who passed away several years ago. The trustee is an attorney in M...	2	2 years 35 weeks ago by bender56	1 year 49 weeks ago by bosmass
Probate Jurisdiction on bank account with National bank My parents opened a joint checking account with Bank of America when they were Maryland residents, but my father also had individual savings account w...	2	1 year 50 weeks ago by probateq	1 year 50 weeks ago by probateq
Signing documents as attorney in fact under MA power of attorney I'm my dad's attorney in fact under his power of attorney. I'm in an awkward position because I have a brother who is not happy that I have this posi...	1	1 year 51 weeks ago by CarlTom	1 year 51 weeks ago by The Editor
What constitutes estate expenses? My brother is questioning the way I spent money from the estate of our father. He says that because I am inheriting 2 pieces of real estate, he wants ...	0	2 years 1 week ago by Anonymous	n/a
Recourse for poor estate administration? I'm one of 6 beneficiaries named in a MA estate; decedent's date of death was in 2008. The executor never filed an inventory with Probate, and benefi...	0	2 years 1 week ago by Anonymous	n/a
Almost 2 years now and the estate isn't settled, what are my options? I'm 1 of 8 beneficiaries of my Father's estate. My oldest brother was appointed executor of the estate. My father's death occurred 7/31/09 and my brot...	1	2 years 1 week ago by Anonymous	2 years 1 week ago by The Editor
Question about will and failed gift in MA I'm just beginning to think about my estate plan and haven't talked to an attorney yet. But I was wondering about one issue in particular. I would l...	1	2 years 2 weeks ago by Fern59	2 years 2 weeks ago by Peter Bernardin
Irrevocable Trust set up When setting up an irrevocable trust to protect assets (mainly to get the clock ticking on the 5 year look back for Medicaid purposes), do you actual...	1	2 years 3 weeks ago by maguirej99	2 years 3 weeks ago by The Editor
Personal property list in MA estate plan I'm doing some research about some minor changes I want to make to my estate plan regarding some personal property that I did not mention in my will. ...	1	2 years 4 weeks ago by Rummy	2 years 4 weeks ago by The Editor
Special power of appointment in Massachusetts Playing cards with buddy last week he started talking about how his attorney had him give property to his kids but with a special power of appointment...	2	2 years 5 weeks ago by Anonymous	2 years 5 weeks ago by Peter Bernardin
Rembursement for Funeral Expenses My cousin filed a copy of my fathers 2008 Will and I am in receipt of his 2010 Will. I then filed an objection to the 2008 Will, but I decided that I ...	0	2 years 6 weeks ago by kerr	n/a
Beneficiary of an estate electing to have their child receive benefits instead of themselves Currently my mom is the primary beneficiary of an estate that is being settled through probate. If she chooses, can she forfeit any benefits and requ...	1	2 years 7 weeks ago by Craftytippy	2 years 7 weeks ago by Peter Bernardin
Can will be amended by letter in MA? My step-father wrote me a letter two years ago and he said that he wanted me to have $12,000 he had in an account at his bank. He told me he would am...	1	2 years 7 weeks ago by Treat	2 years 7 weeks ago by The Editor
Mother died ex-wife wants her stuff Unfortunately, my mother recently died from complications from emphysema. She wanted to move closer to both me and my children. I am divorced but was ...	0	2 years 8 weeks ago by Steve98	n/a
Reluctant Executor wondering if I need to contest will. I was named executor (not in effect yet) of my mother's last will and testament. I was told it would take five weeks by the lawyer. It states in the ...	0	2 years 9 weeks ago by Anon22	n/a
Am I named in the will? My Dad who I haven't seen in years just died in Massachusetts. He never remarried. I got a letter from an attorney in MA that also included a notice...	1	2 years 9 weeks ago by Anonymous	2 years 9 weeks ago by Peter Bernardin
friend died, his executer died before him, i'm trying to help settle his estate Thank your for this forum! I've read all of the threads that seem to apply, but still have a couple of questions. My elderly friend died in Decembe...	0	2 years 10 weeks ago by Norris_Friend	n/a
A question regarding will and testament If I scan my will and send it to my friend which is also my representative, will this will be legitimate in the court of law although it's not the ori...	0	2 years 12 weeks ago by itay	n/a
Pooled trust and allowable expenditures. We set up a pooled trust for my mother last year. We recently submitted a receipt to the trustee for a gift my mother bought for my daughter's birthd...	1	2 years 14 weeks ago by GinaB	2 years 14 weeks ago by The Editor
Rent for house part of estate in MA My mother died 5 months ago and now my brother is taking care of the estate. The house is being rented to a couple on a month to month basis. My bro...	1	2 years 15 weeks ago by Kent	2 years 15 weeks ago by Peter Bernardin
how do I transfer house from the estate to just 2 of 4 heirs? My father left his house to his 4 children equally. 2 of us want to keep the house and 2 do not. How do we transfer the house to the 2 who want ...	1	2 years 17 weeks ago by Anonymous	2 years 15 weeks ago by allan@baronlawm...
Restrictions on who can be my executor in MA? I'm updating my estate planning documents and my wife and I are having a little disagreement about who I should name as my executor. I was lead to be...	2	2 years 16 weeks ago by EBanks	2 years 16 weeks ago by The Editor
Is geographical distance legitimate grounds for contesting an appointed executor? My recently decesased father's will names two of my siblings as co-executors. One of these two will be out of the country for 6 months of the comin...	1	2 years 18 weeks ago by Anonymous	2 years 17 weeks ago by The Editor
New POA? My father's duarable POA was written in 2005. There is no reference to the old Massachusetts law in it so I was wondering if it is still valid and wou...	1	2 years 18 weeks ago by Anonymous	2 years 18 weeks ago by The Editor
Starting probate of will My mother died recently after an illness. My father died years ago and since then my sister has been living with my mother. I'm not sure where the w...	1	2 years 20 weeks ago by HTrimble	2 years 20 weeks ago by The Editor
Work done by sibling who is not the executor My mother passed away almost 4 years ago and my Father passed away last year. My older sister is the executor and my younger sister does not live n...	1	2 years 22 weeks ago by tropyal	2 years 21 weeks ago by Peter Bernardin
Will upcoming UPC changes affect the present day writing of a will? I am in the process of writing a will that I hope to put into effect shortly. Do the UPC changes going into effect in July 2011 affect only the probat...	1	2 years 21 weeks ago by stawasz_r	2 years 21 weeks ago by Peter Bernardin
Lost power or attorney and living will I was going through my documents over the weekend and could not locate my living will or power of attorney. I had these documents drawn up years ago ...	1	2 years 22 weeks ago by IGO67	2 years 22 weeks ago by The Editor
Notify creditors of estate in Massachusetts? I'm named as the executor of my uncle's estate but have not done anything with it yet. He mostly just has a collection of personal property. My ques...	1	2 years 24 weeks ago by TBerg	2 years 24 weeks ago by The Editor
Time limit to probate will in Massachusetts? I understand that these things take time but is there really any reason why my step father who is the executor of my mother's will should take nearly ...	1	2 years 25 weeks ago by KarenG	2 years 25 weeks ago by The Editor
accounting of trust I am sole beneficiary of a trust with a signicant ammount of money. My mother was the grantor she died more than 4 years ago. I can't seem to get an a...	1	2 years 26 weeks ago by GREYCELLGREEN	2 years 26 weeks ago by The Editor
Will Issues if Spouses Die Simultaneously Assume a married couple has no children and the spouses plan to leave everything to each other. If they both die at the same time, a plane crash, fo...	2	2 years 27 weeks ago by rcc130	2 years 27 weeks ago by rcc130
Avoiding probate for unmarried couple The issue involves an unmarried Massachusetts couple. Partner (A) who is preparing to write a will,owns the residence in which they live and wants to ...	2	2 years 27 weeks ago by stawasz_r	2 years 27 weeks ago by stawasz_r
Capital Gains Tax on Estate in MA I am the executor of my mother's estate. We are in the process of selling her home and are wondering what the law is in regards to capital gains tax o...	2	2 years 29 weeks ago by NancyS	2 years 29 weeks ago by Kenneth Brier
Spousal share in Massachusetts? I've been married to my husband for over ten years now. He has an ex-wife and grown children. One of the children is, I believe, the executor of his...	1	2 years 29 weeks ago by Theberge8	2 years 29 weeks ago by Peter Bernardin
Written will says one thing, spoke final request says another I'm writing this in the first person, since it's far easier to comprehend than the real scenario. Let's say I'm 80 with $1mil in the bank. I have ...	1	2 years 32 weeks ago by McAwesome	2 years 32 weeks ago by Peter Bernardin
Administration With Without Sureties My uncle asked me to sign an Administration of will with/without sureties form. This is all regarding my mother who passed away. I'm not sure if my ...	1	2 years 32 weeks ago by Anonymous	2 years 32 weeks ago by Peter Bernardin
Finding attorney who has last will My mother passed away several weeks ago and so far we've been unable to find her will (my sister and myself are the only surviving relatives). I know...	1	2 years 36 weeks ago by BNaylor	2 years 36 weeks ago by Peter Bernardin
rights of heirs / beneficiaries of a will I am a named inheritor in a will for an older close friend (NOT a partner/spouse but someone I spent a lot of time with and took care of) who died fou...	1	2 years 37 weeks ago by Anonymous	2 years 37 weeks ago by The Editor
POA If I revoked a POA and did not record it at the county registry of deeds as was stated in the document, is the revocation in effect?	1	2 years 39 weeks ago by poaproblems	2 years 37 weeks ago by allan@baronlawm...
Purchase and Sale Agreement/License to Sell Estate Property I have been legally named the executor of my mother's estate. Her house has been put up for sale, and I have recently received on offer for purchase,...	2	2 years 38 weeks ago by NancyS	2 years 38 weeks ago by NancyS
Is there a time limit for filing A work colleague has a situation where her father died 2 years ago, leaving his estate in an irrevocable trust. The trustee, girlfriend at the time, ...	3	2 years 39 weeks ago by Anonymous	2 years 39 weeks ago by Kevin Gaughen Sr.
Revocable Trust/Sole Trustee is Sole Beneficiary/Rights of Secondary Beneficiaries Background: Trust created by grandmother, naming daughter as sole primary beneficiary and also sole trustee. 3 grandchildren secondary beneficiarie...	1	2 years 39 weeks ago by Anonymous	2 years 39 weeks ago by Peter Bernardin
Will from different state still valid in Massachusetts? My dad lived in Florida for 15 years and had a will that was properly done according to Florida rules. He now lives in a nursing home in Massachusett...	1	2 years 40 weeks ago by Anonymous	2 years 40 weeks ago by The Editor
Can A Life Estate Be Taken Away? Can A Life Estate Be Taken Away By The Giver? In my case the giver is my sister and she has had mental problems as of lately. She has been in three P...	2	2 years 41 weeks ago by Bluesrains	2 years 41 weeks ago by Bluesrains
Beneficiary wants accounting of MA trust Several years ago my mother died and left some property in a trust with my uncle as trustee. I'm not sure but I think the uncle's kids get some of th...	0	2 years 42 weeks ago by Donaldson	n/a
Expenses while waiting for sale of house and petition to partition. My grandfather left his house to me and my two sisters when he passed last year. One sister does not get along with the family and has insisted that ...	1	2 years 43 weeks ago by Anonymous	2 years 43 weeks ago by Kevin Gaughen Sr.
Must will go to probate to be legal in MA? My aunt died two months ago and she had some money that she always said she would leave to her two nieces and nephew (me). But her sister (my other a...	1	2 years 45 weeks ago by Merlot	2 years 44 weeks ago by The Editor
What are the trustee's reporting responsibilities to the beneficiaries of a revocable trust after the donor's death? The donor set up a revocable trust. The donor's will instructed that the remaining estate be placed in the trust. The distribution of the trust to the...	0	2 years 47 weeks ago by seekingtrustinfo	n/a
Joint accounts and avoiding probate when there is no will Hello - My mom died last year without a will. She was 88, I'm her only child, no spouse or surviving siblings. There have been no problems so far - sh...	1	2 years 47 weeks ago by Anonymous	2 years 47 weeks ago by Peter Bernardin
Selling house that is part of estate in MA. I'm the executor of my dad's estate and it will be split between me and two siblings evenly. Can I sell his house on my own or do I need to get the c...	1	2 years 48 weeks ago by KWilson	2 years 48 weeks ago by The Editor
Contracts and debts end after death in MA? My father passed recently and I guess his stuff will be going to probate. My question is about his debts. Under estate law in Massachusetts don't ...	1	2 years 49 weeks ago by KateR	2 years 49 weeks ago by Peter Bernardin
Showing will to beneficiaries for probate in MA My mother passed away a couple of weeks ago and I recently asked her attorney to give me the original will so I could look at it. He refused saying h...	1	2 years 51 weeks ago by MickeyR	2 years 50 weeks ago by The Editor
Requirements of a valid will in Massachusetts (must be notarized)? My husband and I had our wills done years ago by an attorney who is no longer living. I was looking at our wills last night and noticed that there is...	2	3 years 1 week ago by Mrs.M	2 years 52 weeks ago by David
Converting from revocable to irrevocable trust for Medicaid I currently have a revocable trust with several pieces of property in it and some stock funds. If I amend the revocable trust to make it a irrevocabl...	2	3 years 22 hours ago by Anonymous	2 years 52 weeks ago by David
Notify beneficiaries if I change my will? I live in Massachusetts and recently changed my will with the help of an attorney. Two people who were in my will, and knew they were in the will, ar...	1	3 years 2 weeks ago by Anonymous	3 years 2 weeks ago by Peter Bernardin
Liability of only heir or beneficiary for car loan debt My Dad dies several weeks ago with nothing in his estate. He had a car that is worth next to nothing but somehow a couple of years ago he got a $3000...	1	3 years 3 weeks ago by traveler	3 years 3 weeks ago by The Editor
Power of attorney for estate? My uncle died without a will and with a small estate about five months ago. He just had a life insurance policy and a bank account with his brother. ...	2	3 years 4 weeks ago by arlanH	3 years 4 weeks ago by Peter Bernardin
MA Beneficiary of IRA dies first? My girlfriend's uncle just died and she is one of three beneficiaries of his medium size estate. She just discovered that the uncle's IRA had a benef...	1	3 years 6 weeks ago by davidson	3 years 6 weeks ago by The Editor
Recording of Trusts required by MA estate law? Are trusts (all types) required to be recorded in the Registry of Deeds	1	3 years 7 weeks ago by capeseniortoo	3 years 7 weeks ago by The Editor
HIPAA Authorization for my Health Care Agent? I have my health care proxy and named an agent (all according to Massachusetts law). Now I read that I should also have a HIPAA Authorization for my ...	1	3 years 8 weeks ago by Chutter	3 years 8 weeks ago by The Editor
Video will legal in Massachusetts? I think I have a pretty good idea how to save some money and make sure my property goes were I want it to go when I die. I want to do a video will an...	2	3 years 10 weeks ago by Anonymous	3 years 10 weeks ago by Peter Bernardin
Compensation for Executor in MA I've been advised by relatives that under Massachusetts law, the executor of a will is entitled to 1/3(one-third) of the estates assets as a form of c...	1	3 years 11 weeks ago by massresident	3 years 11 weeks ago by The Editor
Gift tax I am trustee for my dad's ILIT. I am going to file a 709 but is there also a MA gift tax return? Which form is it?	2	3 years 12 weeks ago by Anonymous	3 years 12 weeks ago by Peter Bernardin
Durable Power of Attorney and new MA probate code I have a durable power of attorney that references Massachusetts General Laws Chapter 201B. It says that the Power of attorney "incorporates" the pow...	1	3 years 12 weeks ago by Anonymous	3 years 12 weeks ago by The Editor
Revocable living trust and Medicaid I think I would rather have a revocable trust for more control over my assets. But does that mean the property in the revocable trust could be counte...	1	3 years 13 weeks ago by Anonymous	3 years 13 weeks ago by The Editor
Attorney as executor of will in MA I named my sister as my executor in my will. Now she's getting older and I'm worried about the choice. She is fine now but as we get older she might...	1	3 years 14 weeks ago by Anonymous	3 years 14 weeks ago by The Editor
How can I see copy of my uncle's last will? I have two cousins and we are all nephews of a great uncle that passed away 6 weeks ago. I know the uncle had a will because he told me did and that ...	1	3 years 15 weeks ago by BrittM	3 years 15 weeks ago by The Editor
Forms for guardianship or conservatorship in Massachusetts Thanks for your other posts about guardianship and conservatorship. Do you know where I can find the forms I need to do this for my mother if I want t...	1	3 years 16 weeks ago by Anonymous	3 years 16 weeks ago by Peter Bernardin
Will my family have to pay taxes on my life insurance policy? I have a $250,000 life insurance policy with my wife as my beneficiary. If I die within the term of the policy and she colelcts the proceeds will she...	1	3 years 17 weeks ago by Anonymous	3 years 17 weeks ago by The Editor
Distribtion of assets of Revocable trust My sister left a will pouring over her assets into a revocable trust. The Trust specifies that specific beneficiaries are to receive specific amounts ...	1	3 years 18 weeks ago by Anonymous	3 years 18 weeks ago by Peter Bernardin
Do beneficiaries of will have to pay creditors? My mother passed away last month and I am the only person she mentioned in her will. Her estate is small with just a house (already in my name) and c...	1	3 years 19 weeks ago by Anonymous	3 years 19 weeks ago by The Editor
Dying Indigent in Massachusetts My significant other of many years passed away recently (with no will) due to alcohol-caused liver failure. We never married and had no financial...	1	3 years 20 weeks ago by Anonymous	3 years 20 weeks ago by The Editor
Acceptable length of time to probate will? A relative passed away January 2007. Her will was in the process of being changed when she passed which caused a bit of a hiccup. She did not have a s...	3	3 years 21 weeks ago by kids0406	3 years 20 weeks ago by kids0406
Estate is now in probate - should I remove any belongings from the home? My mother recently passed away, I am the sole surviving beneficiary in addition to being named the executor and administrator of the estate in the wil...	1	3 years 21 weeks ago by skydiver81	3 years 21 weeks ago by Peter Bernardin
Distribution of trust assets after death I'm named as a beneficiary in my uncle's trust. I didn't really know him that will, but he put me in there anyway. He died a couple weeks ago and I ...	1	3 years 22 weeks ago by CBurton	3 years 22 weeks ago by The Editor
vehicle of parent who passed away I have a question for massachusetts estate - if someone's parent dies (the other parent had passed years before), and there is a vehicle, as long as t...	1	3 years 23 weeks ago by Anonymous	3 years 23 weeks ago by The Editor
Question on taxes and distribution of estate I have a couple of questions about the planning of an estate by a friend's father. He has 3 children. He made the oldest son a joint owner on his c...	2	3 years 24 weeks ago by Anonymous	3 years 24 weeks ago by Kevin Gaughen Sr.
How do I register or transfer car after death of spouse and owner? My dad is very ill and not expected to last much longer. I'm trying to help my mom get his and her affairs in order and will continue to help after h...	2	3 years 25 weeks ago by ChuckW	3 years 25 weeks ago by Peter Bernardin
MA wills online Pretty sure you'll say no, but is it ever a good idea to buy MA wills online and fill them in yourself? I should say that I have a pretty simple estat...	1	3 years 27 weeks ago by TresT	3 years 27 weeks ago by The Editor
Leaving property to charity in will or trust? I own a piece of land in Western MA that is fairly valuable and I'd like to leave it to my favorite charity (a cancer research group). I thought I mi...	1	3 years 28 weeks ago by Nervous	3 years 28 weeks ago by The Editor
Any Estate planning issues for married gay and lesbian couples in MA? Given that Massachusetts now recognizes marriage between gay and lesbian couples, are we pretty much on equal footing with heterosexual couples or are...	1	3 years 29 weeks ago by GWinters	3 years 29 weeks ago by The Editor
Life Estate - Responsiblities My parents created a life estate with me in January 1996. I was young when I became the remainder. To be honest, I did not know that was my title up...	1	3 years 31 weeks ago by pongmaster21	3 years 31 weeks ago by The Editor
Who is entitled to possession of ashes or remains of deceased? My ex husband died in July 2007. Since that time I have been trying to retrieve his ashes for my children who are all young adults. They are his sole ...	2	3 years 32 weeks ago by frustrated	3 years 32 weeks ago by frustrated
Is it illegal to destroy or hide a last will in MA I guess I'll never be able to prove it but I'm sure one of my brothers who never got along with my mother threw out her last will. My mother always sa...	1	3 years 33 weeks ago by Anonymous	3 years 33 weeks ago by The Editor
Funeral arrangements in Will? Is there any way to assure my wishes for my funeral arrangements (cremation) will be honored after I die. Can I put it in my will? I feel pretty str...	1	3 years 34 weeks ago by RogerH	3 years 34 weeks ago by The Editor
Sole Beneficiary/Transfer of Deed question I am the sole beneficiary in my husbands will. We were married in the hospital 4 days before he died. He was mentally sound, his family attended our m...	0	3 years 35 weeks ago by kebrere	n/a