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

Topic	Replies	Created	Last reply
Estate planning for Alzheimer's patients in MA? My wife and I are caring for her mother who has Alzheimer's disease in it's early stages. She is still very much in touch with reality and only has "p...	2	1 year 32 weeks ago by Bears	1 year 31 weeks ago by HeritageLaw
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 31 weeks ago by sswatcher	1 year 31 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 30 weeks ago by Jerome	1 year 30 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 30 weeks ago by CB1963	1 year 30 weeks ago by The Editor
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 29 weeks ago by Karen64	1 year 29 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 28 weeks ago by The Editor	1 year 27 weeks ago by admin
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 27 weeks ago by William90	1 year 27 weeks ago by The Editor
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 25 weeks ago by RickG55	1 year 25 weeks ago by The Editor
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 25 weeks ago by flangley	1 year 25 weeks ago by Peter Bernardin
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 24 weeks ago by admin
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 24 weeks ago by RMF8	1 year 24 weeks ago by The Editor
Inventory of estate under new probate code When the new Massachusetts probate code becomes effective in 2012 will the heirs and other interested parties still be able to request that the person...	1	1 year 23 weeks ago by SethE	1 year 23 weeks ago by The Editor
Spousal elective share and assests moved during a marriage unknown to the spouse. My Grandmother's husband just passed, this was her second husband of 24 years and each have two children with deceased spouses. Almost immediatly aft...	1	1 year 22 weeks ago by Anonymous	1 year 22 weeks ago by The Editor
Interested person or party under new Massachusetts probate code Hello. My uncle is seriously ill and will likely pass away in the next few months from cancer. He and I were very close but his son dislikes me a lo...	1	1 year 21 weeks ago by DFC64	1 year 21 weeks ago by The Editor
Do I inherit mortgage with house in Massachusetts? My mother's home is worth around $400k, but I'm pretty sure that she has multiple mortgages on the thing and it may be underwater at this point. She ...	1	1 year 20 weeks ago by BLarge	1 year 20 weeks ago by The Editor
Irrevocable Trust Question My mother transferred her house to me by deed about 3 years ago. I think there was some confusion of her part as after reading up on it, this may onl...	1	1 year 18 weeks ago by jcmccall	1 year 18 weeks ago by The Editor
Tenant Liabilities Regarding Rental Income to Estate , Will Filing Deadlines I've read the threads here regarding filing of inventories, and appreciate the advice about reasonable expectations. My mother has passed away in se...	3	1 year 18 weeks ago by Whaler	1 year 18 weeks ago by admin
No Will - New Probate law Question. My mom passed last week. She less than 1M in the bank. Owes nothing to anybody as far as I know, but I know the court has to do a search to ...	1	1 year 18 weeks ago by kevinjames	1 year 18 weeks ago by The Editor
Delay in filing final account with probate court? If an administrator has paid all the liabilities of an estate and distributed its assets, may the first and final accounting cover only the period unt...	0	1 year 17 weeks ago by j.e.burke	n/a
Supervised administration under new Massachusetts probate code Thank you very much for all the information you've provided about the new Massachusetts probate code. My question is about terminology I think. My au...	1	1 year 16 weeks ago by Bruinboy5	1 year 16 weeks ago by The Editor
Transfer of property to and by executor or personal representative of estate in MA My father passed away in September. The probate is over and settled, no contests to the will. My mother is the beneficiery of my father's estate. Her ...	1	1 year 15 weeks ago by JGraul	1 year 15 weeks ago by Peter Bernardin
Penalty for contesting a will in Massachusetts? I haven't gotten along very well with my father over the years but we always maintained our relationship. Now he is suffering from what I believe to ...	3	1 year 14 weeks ago by Bird85	1 year 12 weeks ago by admin
Disclaimer for Life insurance beneficiary My father passed away recently and he did not have a will. He has two life insurance policies that were taken out when my brother, sister and myself w...	1	1 year 13 weeks ago by mjmmccoy	1 year 13 weeks ago by The Editor
Probate after Spouse's death My spouse and I own everything jointly (house, bank accounts, etc). We each have our own 401k retirement accounts with each other named as sole benef...	1	1 year 12 weeks ago by Mudge	1 year 12 weeks ago by The Editor
Brother named executor, no estate technically to probate, but need paper stating he was named executor for a certain matter... My father passed away in Dec. 2009. Three years before his passing, he had a will drawn through his attorney, naming my brother executor. He left the ...	0	1 year 11 weeks ago by PapRLG	n/a
Powers of Executor or personal representative of estates in Massachusetts I'm listed as the executor in both of my parents' wills (or is it now known as the personal representative?). My father recently passed away. He was...	1	1 year 11 weeks ago by Rick M	1 year 11 weeks ago by The Editor
Difference between a will and a trust Hello. I'm sorry if this is a stupid question but when I decided to do something about my estate plan I realized I don't really even know the differe...	2	1 year 9 weeks ago by Devlin9	19 weeks 3 days ago by Thomas Swain Smith
Husband or wife transferring car after death of spouse in Massachusetts Hi. I looked through your forum pretty carefully but I can't find information on this. My father recently passed away and left the car that he and m...	1	1 year 7 weeks ago by BillW	1 year 7 weeks ago by The Editor
Closing estate in Massachusetts with new probate code My brother has been appointed the Personal Representative of my father's estate under the new informal proceedings of the UPC. Under this new system ...	1	1 year 6 weeks ago by GreenB	1 year 6 weeks ago by The Editor
Filing of First Accounting under new UPC I was appointed Executor of an estate in August 2011. I have currently been asked by my attorney to prepare info for the First Accounting. Under the...	0	1 year 6 weeks ago by nssg	n/a
Delaying inheritance through trust My estate (and my wife's) is by no means huge, but we were wondering about how we could use trusts to delay the whole inheritance process. The situat...	1	1 year 4 weeks ago by HarryV	1 year 4 weeks ago by The Editor
What to list for estate inventory on small intestate estate? My mother passed away in January and had no will. She had no real estate and few possessions (mostly clothes, books, and dishes). She owned a car and ...	1	1 year 3 weeks ago by anon@yahoo.com	1 year 3 weeks ago by The Editor
Executor Appointment Needed to Be Re-Certified? My parents both passed away in 2009. I am the executor/sole beneficiary of the estate. I filed their last individual tax forms for the year 2009 in 20...	0	1 year 2 weeks ago by hotwagw	n/a
Attorney in Fact same as power or attorney? My brother is the power of attorney for my elderly mother. She is demented and often confused about her finances and so forth. I have no reason not ...	1	1 year 1 week ago by AABates	1 year 1 week ago by The Editor
Person lives and dies in MA but owns property in another state My uncle was a fairly wealthy guy and I don't know if he had a will. He was a little eccentric. He died last week leaving two pieces of real estate ...	1	51 weeks 5 days ago by TrentP	51 weeks 4 days ago by The Editor
Massachusetts Prudent Investor rule for trustee My dad who's dead now set up a trust for me with a pretty good amount of money. The trustee's a bank that my dad used to do business with. The bank ...	1	50 weeks 1 day ago by FRT	50 weeks 1 day ago by The Editor
Organ donation by healthcare agent under MA law? Last year I agreed to be my uncle's healthcare agent. I know he was interested in donating his body to a medical school but I'm pretty sure he never ...	1	48 weeks 4 days ago by JimBob8	48 weeks 3 days ago by The Editor
Blended families and estate planning I have an ex wife and two kids from that prior marriage. I also have a new wife and a child with her. I want to treat all of the kids the same in my...	1	47 weeks 5 hours ago by Whipt	47 weeks 1 hour ago by The Editor
Can an adopted child still inherit from birth parent in MA? Hello there. My mother and father divorced when I was 11 years old. Later, my mom remarried and my step-dad adopted me. My birth-father died recentl...	2	45 weeks 1 day ago by GBN78	19 weeks 3 days ago by Thomas Swain Smith
Adopted Beneficiariesor Remaindermen of Trusts and Estates in MA Are adopted children treated the same as natural children in regards to being beneficiaries/remainderman of trusts? In other words do they have the sa...	1	44 weeks 5 days ago by bruins2011	44 weeks 4 days ago by Peter Bernardin
Retrieving MA Abandone Property when original will was never filed with Probate My grandfather died in 1980 and we just discovered that an insurance policy with a closed bank was never paid out and was recovered by the state. His ...	1	43 weeks 14 hours ago by maprobate_qa	42 weeks 6 days ago by Peter Bernardin
New Uniform Trust Code in Massachusetts It's been a busy year for MA attorneys who specialize in estate planning and probate matters. Various parts of the new MA Uniform Probate Code&n...	0	43 weeks 1 hour ago by The Editor	n/a
Volunteering Joint Account to be Probated? If a surviving joint account owner, the son/daughter of the deceased, wishes to share the account funds with siblings (because she understands that to...	1	42 weeks 5 days ago by Mayflower	40 weeks 21 hours ago by BostonLawMan
Who gets annuity after death in MA? My dad has an annuity that he and my mom bought when they were married and she was still alive. I haven't seen the annuity because my dad is sort of ...	1	40 weeks 6 days ago by RikG0	40 weeks 6 days ago by The Editor
Compelling Exector to Submit Inventories and Disbursement Plan Mother passed away on Sept 17 , 2011. 1. Will her will be probated under the new probate law or old? Is that the discretion of the Executor? ...	1	40 weeks 1 day ago by Whaler	38 weeks 20 hours ago by TheLawyerKnows
MA Probate & Intestate Estate My parents were divorced in 1979 but were Tenants By The Entirety in the marital home. The divorce agreement left no rights of the either party in the...	2	39 weeks 4 days ago by bsprtsgrp	30 weeks 4 days ago by cynthiaambuster
Pros and Cons of Estate vs. Heirs Selling Home Hello. A divorced man died intestate this year (2012). His adult children, his only heirs, want to sell his home. It seems easier for the estate (per...	1	39 weeks 2 days ago by Mayflower	39 weeks 20 hours ago by TheLawyerKnows
Accountings - Trustee as current and sole income beneficiary My aunt created a trust years ago. She died about 10 years ago and her husband is current trustee and current sole income beneficiary. The other con...	2	33 weeks 6 days ago by Interested party	32 weeks 4 days ago by The Editor
Removing/Adding Executor to a will My Grandmother and Grandfather had my uncle and my mother as executors to their will. Recently my mother found out that when my grandmother died, my u...	1	31 weeks 13 min ago by BBirmingham	30 weeks 6 days ago by The Editor
Joint Tenancy & Tax Implications upon Death My father received property valued ~$250,000 from his father in 1999 via a quitclaim deed. His father received it via probate from his mother in 1974....	1	29 weeks 6 days ago by srlittle6	29 weeks 5 days ago by TheLawyerKnows
Change terms of trust in MA? Hello. My parents set up a trust a while ago and made me the trustee. The trust says that when my father dies (my mom is dead already) then the mone...	2	26 weeks 6 days ago by SamanthaT	21 weeks 4 days ago by Thomas Swain Smith
Powers of personal representative in MA estate Hello. My uncle died two weeks ago and my family is supporting me in becoming the personal representative as my uncle requested in his will. My qu...	2	24 weeks 1 day ago by JimW81	24 weeks 15 hours ago by Peter Bernardin
Revocable Trust-Estate Planning Document's Title Conflict 12/12/2012 *I hope my not using my real name will not prevent my question from being posted and answered. The title- home part of my trust documen...	6	23 weeks 4 hours ago by middle-aged	19 weeks 3 days ago by Thomas Swain Smith
Probate estate taxes and costs in MA I was curious to know what the % of estates go through probate (rather than just having a formal trust)? Also, what are typical percentages that are c...	2	19 weeks 4 days ago by tfernandes49	19 weeks 3 days ago by Thomas Swain Smith
Lost will and possible inheritance dispute in Massachusetts My 39 year-old girlfriend's father just died, but she cannot find the will he said he had made out to include her. Her mother, who claims to have been...	1	19 weeks 14 hours ago by Timaloha	19 weeks 4 hours ago by The Editor
Secret Child seeks inheritance from MA estate My husband and I just buried his Dad. Immediately after burial, his Dad's 20 year mistress claims she was NOT his mistress, but his daughter and is as...	2	16 weeks 1 day ago by Kitty	16 weeks 1 hour ago by Kitty
Voluntary Administration I was named the Executor of a legal will and had just notified the successor executor and other beneficiaries, including the POA, by certified letter...	2	15 weeks 6 days ago by airie32	14 weeks 6 days ago by airie32
How can the beneficairies of a will remove the old and appoint an new executor? My father past away over three years ago and the estate is still in probate with the Suffolk Probate and Family Court. The executor in charge has ...	4	15 weeks 3 days ago by needestatehelp	15 weeks 2 days ago by admin
Must this will be probated under Massachusetts law? My father passed away recently. His will leaves everything to Mom, with no other beneficiaries, but he was officially poor at time of death (on MassHe...	3	14 weeks 3 days ago by Graewynd	14 weeks 1 day ago by admin
Harassment for executor probating Massachusetts will I was named the Executor of my father's will. I just filed for Probate. Meanwhile, my siblings (all are beneficiaries, one was POA, one is Successor A...	2	11 weeks 6 days ago by airie32	11 weeks 1 day ago by airie32
Probating A Will in MA After the Three Year Limitation- Is it Possible? My dad died in 2006. He had made a proper will leaving the house to my younger brother, then to me if he should die. My brother never probated the wil...	0	10 weeks 5 days ago by Merrill	n/a
State of MA says estate property undervalued My father's estate was settled a few years ago in MA. Now the state of Mass is telling us that the properties were undervalued and we now owe addition...	1	7 weeks 3 days ago by Barryg2	2 weeks 2 days ago by TheLawyerKnows
Handicapped child disinherited through undue influence in MA? When my beloved father a retired high ranking Navy officer died this past year I was under the understanding that his children would of course inherit...	1	7 weeks 1 day ago by Scott	7 weeks 1 day ago by The Editor
InTerrorem clauses in Massachusetts Wills or trusts My mother passed away leaving a will with an in torrorem clause, as well as a separate Realty Trust that has her children as beneficiaries ( two sons ...	2	6 weeks 2 days ago by Whaler	6 weeks 1 day ago by Whaler
To probate or not to probate... My husband died suddenly 5 weeks ago. No will was ever made and he neglected to obtain life insurance. After all, who thinks they'll die healthy and ...	1	5 weeks 1 day ago by LMK	2 weeks 2 days ago by TheLawyerKnows
Investment account held as tenants by the entirety? What are the advantages and disadvantages of titling an investment account as tenacy by the entirety rather than joint tenants with right of survivors...	1	5 weeks 19 hours ago by Rocker	4 weeks 2 days ago by The Editor
Probate estate in MA when there is no will (father's estate) My Father died almost 9 months ago without a will. His wife and him were separated at the time being and she is supporting my decision to become the R...	2	2 weeks 4 days ago by Lilieblue	2 weeks 4 days ago by Peter Bernardin
Voluntary Administration - How Detailed a Description of Property? I am filing a Voluntary Administration Statement in order to transfer the title of my late father's car so I can sell it and distribute the proceeds t...	1	2 weeks 4 days ago by masseddie	2 weeks 4 days ago by Peter Bernardin
Is Money Inherited via Joint Account a Taxable Gift? If my mother made me joint owner of her account so that, upon her death, I inherit the balance outside of probate, would the funds be deemed a gift up...	1	4 days 16 hours ago by Mayflower	2 days 22 hours ago by TheLawyerKnows