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

Topic	Replies	Created	Last reply
Challenge informal appointment of Personal Representative Thanks for your post regarding the new MA probate code. One quick question. Let's say that for some reason a person does not hear about the informal...	1	1 year 23 weeks ago by RMF8	1 year 23 weeks ago by The Editor
Changing Trustee of Irrevocable Trust Hello, I currently have an irrevocable trust in my name, and I am interested in changing the court appointed trustee for various reasons. What do...	1	1 year 24 weeks ago by tjg2994	1 year 23 weeks ago by admin
Life Estate and Capacity My father was left a life estate by my grandparents on a farm that me and my two brothers are listed as remaindermen on. He no longer has capacity for...	1	1 year 24 weeks ago by flangley	1 year 24 weeks ago by Peter Bernardin
Bonds and sureties in Massachusetts probate process? I'm named in my mother's will as the person she would like as her executor. She's ill and I'm getting nervous about the whole probate process and how...	1	1 year 24 weeks ago by RickG55	1 year 24 weeks ago by The Editor
Starting informal probate administration in MA Thanks for the post regarding the new Probate Code in Massachusetts. Was wondering if you could provide a little more information? I understand that...	1	1 year 26 weeks ago by William90	1 year 26 weeks ago by The Editor
Changes to Massachusetts probate process under newly adopted probate code There are a lot of busy probate and estate planning attorneys in Massachusetts nowadays, not just with their usual workload, but with their efforts to...	1	1 year 27 weeks ago by The Editor	1 year 26 weeks ago by admin
Who gets children after death of parent in MA? Hello. I have one sister and one living parent, our father. My sister is ill and has a history of drug use. I never asked her, but I'm fairly sure she...	1	1 year 28 weeks ago by Karen64	1 year 28 weeks ago by The Editor
Distribution of the Estate of a person that died in 2007 without a will I am receiving conflicting information regarding who gets what when a person dies without a will in Massachusetts, and part of the confusion may be du...	1	1 year 29 weeks ago by CB1963	1 year 29 weeks ago by The Editor
Getting copy of last will from attorney for executor Hello. I'm the executor of my brother's estate. It's a small estate and he lived in another state at the time he had his will drawn up. Then he mov...	1	1 year 29 weeks ago by Jerome	1 year 29 weeks ago by The Editor
Undue influence Our mother passed away in 2010. She had a serious stroke in 2003. Two and one half months later, one sister took my mother to a lawyer and had her HC...	1	1 year 30 weeks ago by sswatcher	1 year 30 weeks ago by The Editor
Dying With Will But No Assets My mother died recently with no assets but has a will dated 1992. She was in a nursing home on MassHealth Medicaid, so they validated there were no as...	1	1 year 32 weeks ago by anopendoor	1 year 32 weeks ago by The Editor
Can executor of MA estate make distributions before probate closed? After my uncle died (6 months ago) my other uncle became the executor of his estate. I was named in the will and am supposed to get $20,000. The pro...	1	1 year 33 weeks ago by Heffer	1 year 33 weeks ago by The Editor
Attorney won't give me copy of last will and trust My mother is now close to 79 years old and has a fairly large estate. My sister claims my mother changed her will because she doesn't like the way I ...	1	1 year 34 weeks ago by Chapper	1 year 34 weeks ago by The Editor
Transfer of property between ex spouses after divorce Hello. I'm not sure if this is an estate planning or divorce question, so I hope I'm in the right forum. In any case, my husband and I had an amicab...	1	1 year 37 weeks ago by Milk7	1 year 37 weeks ago by The Editor
Voluntary adminstration duties My sister & I have been appointed voluntary administrators of my brothers estate. He had a small amount of money in the bank and a 10 year old auto. C...	1	1 year 39 weeks ago by legalneed	1 year 39 weeks ago by The Editor
Care of children after death of parents My husband and I both have one sibling. We all get along, including our siblings but my husband wants his brother and his wife named as guardians for...	1	1 year 39 weeks ago by JenB	1 year 39 weeks ago by The Editor
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 41 weeks ago by harumbe	1 year 41 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 42 weeks ago by Kwills	1 year 42 weeks ago by The Editor
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 43 weeks ago by Brendan8	1 year 43 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 44 weeks ago by bigmikeh68	1 year 44 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 45 weeks ago by Anonymous	1 year 45 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 46 weeks ago by Jenna	1 year 46 weeks ago by The Editor
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 47 weeks ago by Grett	1 year 47 weeks ago by The Editor
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 50 weeks ago by CarlTom	1 year 50 weeks ago by The Editor
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 1 week ago by Fern59	2 years 1 week 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 2 weeks ago by maguirej99	2 years 2 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 3 weeks ago by Rummy	2 years 3 weeks ago by The Editor
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 6 weeks ago by Craftytippy	2 years 6 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 6 weeks ago by Treat	2 years 6 weeks ago by The Editor
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 8 weeks ago by Anonymous	2 years 8 weeks ago by Peter Bernardin
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 13 weeks ago by GinaB	2 years 13 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 14 weeks ago by Kent	2 years 14 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...
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 17 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 17 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 19 weeks ago by HTrimble	2 years 19 weeks ago by The Editor
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
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 21 weeks ago by tropyal	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 21 weeks ago by IGO67	2 years 21 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 23 weeks ago by TBerg	2 years 23 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 24 weeks ago by KarenG	2 years 24 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 25 weeks ago by GREYCELLGREEN	2 years 25 weeks ago by The Editor
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 28 weeks ago by Theberge8	2 years 28 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 31 weeks ago by McAwesome	2 years 31 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 31 weeks ago by Anonymous	2 years 31 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 35 weeks ago by BNaylor	2 years 35 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 36 weeks ago by Anonymous	2 years 36 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 38 weeks ago by poaproblems	2 years 37 weeks ago by allan@baronlawm...
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 38 weeks ago by Anonymous	2 years 38 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 39 weeks ago by Anonymous	2 years 39 weeks ago by The Editor
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 42 weeks ago by Anonymous	2 years 42 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 44 weeks ago by Merlot	2 years 44 weeks ago by The Editor
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 46 weeks ago by Anonymous	2 years 46 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 47 weeks ago by KWilson	2 years 47 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 50 weeks ago by MickeyR	2 years 50 weeks ago by The Editor
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 1 week ago by Anonymous	3 years 1 week 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 2 weeks ago by traveler	3 years 2 weeks ago by The Editor
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 5 weeks ago by davidson	3 years 5 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 6 weeks ago by capeseniortoo	3 years 6 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 7 weeks ago by Chutter	3 years 7 weeks ago by The Editor
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 10 weeks ago by massresident	3 years 10 weeks ago by The Editor
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 11 weeks ago by Anonymous	3 years 11 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 12 weeks ago by Anonymous	3 years 12 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 13 weeks ago by Anonymous	3 years 13 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 14 weeks ago by BrittM	3 years 14 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 15 weeks ago by Anonymous	3 years 15 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 16 weeks ago by Anonymous	3 years 16 weeks ago by The Editor
Bank request complete copy of a trust agreemment to open account I he ave formed a revocable trust - I am the trustee and we use my S/S for the ID. A bank will not allow me to open a checking account in the trust na...	1	3 years 17 weeks ago by Selkirk1944	1 year 29 weeks ago by msamuel
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 17 weeks ago by Anonymous	3 years 17 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 18 weeks ago by Anonymous	3 years 18 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 19 weeks ago by Anonymous	3 years 19 weeks ago by The Editor
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 20 weeks ago by skydiver81	3 years 20 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 21 weeks ago by CBurton	3 years 21 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 22 weeks ago by Anonymous	3 years 22 weeks ago by The Editor
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 26 weeks ago by TresT	3 years 26 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 27 weeks ago by Nervous	3 years 27 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 30 weeks ago by pongmaster21	3 years 30 weeks ago by The Editor
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 32 weeks ago by Anonymous	3 years 32 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 33 weeks ago by RogerH	3 years 33 weeks ago by The Editor
Process to Transfer Title of Automobile that was left in a Will My mother pass away last year,she had a will and left everything to my brother and I 50/50 with no specificity of property distribution. She owned a c...	1	3 years 34 weeks ago by jbk33	3 years 34 weeks ago by Peter Bernardin
Finding estate planning attorney I'm starting to look for an attorney for my estate planning. There are a LOT of attorneys in the yellow pages who do this type of work and some of th...	1	3 years 36 weeks ago by Juan-Don	3 years 36 weeks ago by The Editor
How do I change my will? I have a will but I want to amend a thing or two. If I make the change in the margin and then initial everything will that work or should I just do a...	1	3 years 36 weeks ago by MDorgan	3 years 36 weeks ago by The Editor
obtaining deceased father's medical records My dad passed away suddenly in April and the family is interested in obtaining a copy of the medical records generated during his hospital stay. My mo...	1	3 years 37 weeks ago by Anonymous	3 years 37 weeks ago by Peter Bernardin
Joint will for husband and wife Does Massachusetts law allow a husband and wife to have a joint will? It seems strange that we should both do a will when we both want the same thing...	1	3 years 38 weeks ago by MiguelT	3 years 38 weeks ago by The Editor
Leaving a legacy letter with my will I haven't talked to my attorney about this yet because I didn't want to add any confusion to my estate plan, but do you think an attorney in Massachus...	1	3 years 38 weeks ago by Millie	3 years 38 weeks ago by The Editor
Leaving money to special needs child in trust or will My grandson has special needs (severe autism). He's doing well at his school but, for him, this will be a life-long battle. What is the best way for...	1	3 years 40 weeks ago by Tangier	3 years 40 weeks ago by The Editor
Challenging a will for Undue Influence or Lack of capacity Define by example Undue Influence And Lack of capacity for a will or a trust: Please illustrate by use of examples what the court would accept as proo...	1	3 years 42 weeks ago by Anonymous	3 years 41 weeks ago by The Editor
Time Requirement for starting the probate of wills Does the law require a will be probated in a certain amount of minimum time after a death. What happens if there are two wills one properly executed i...	1	3 years 42 weeks ago by PendingExecutor	3 years 42 weeks ago by The Editor
Contesting named executor of a will who is the only surviving son of the decedent How hard is it to block my appointment as executor by a 30 year companion who is named in the will to remain in the decedent's home for three years af...	1	3 years 42 weeks ago by PendingExecutor	3 years 42 weeks ago by The Editor
Can Agent named in Power of Attorney quit and/or collect fees? My mother gave a power of attorney to her sister. After 6 years, the sister decided she had enough, said that she couldn't handle my mother's dec...	1	3 years 42 weeks ago by Concern4H	3 years 42 weeks ago by admin
Estate planning if I have no money or property? Really, don't I need to have a certain amount of cash or property to do estate planning or make a will or to make it worthwhile? You know, since I do...	1	3 years 43 weeks ago by Anonymous	3 years 43 weeks ago by The Editor
Life estate as planning tool I am interested in setting up a life estate for me and transferring ownership of my home to my only child. I like this approach because, from what I ...	1	3 years 45 weeks ago by Anonymous	3 years 45 weeks ago by The Editor
Using medicaid planning trust for estate planning Can you explain, as briefly as possible, how a Medicaid planning trust works in Massachusetts? I have a feeling I should have one of these but am not...	1	3 years 46 weeks ago by Anonymous	3 years 46 weeks ago by The Editor
Dying without a will My grandmother just passed away and either she didn't have a will or she hid it really well. Can you tell me the Massachusetts law or code we should ...	1	3 years 48 weeks ago by Simpleman	3 years 48 weeks ago by The Editor
Can I revoke my power of attorney For various reasons, I need to revoke my old power of attorney and draft a new one with a new agent. Can I do that and if so what should I do to do i...	1	3 years 49 weeks ago by Anonymous	3 years 49 weeks ago by The Editor
Beneficiary as Trustee for MA Trust? I've been thinking about getting an estate plan done and had a question about trusts. I believe in Massachusetts a Trustee can also be a beneficiary,...	1	3 years 49 weeks ago by Anonymous	3 years 49 weeks ago by The Editor
Estate planning using spendthrift trust I'm trying to do some estate planning to provide for my only son (26 years old). He seems to fly through his money and often asks me for lo...	1	3 years 51 weeks ago by SueH	3 years 51 weeks ago by The Editor