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

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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
Relative hiding assets from Will to which he was executor
My wife has been estranged from her brother for many years. Recently she called to speak to their mother, who had come to live with him and his wife 1...
2 3 years 47 weeks ago
by Subrider618
3 years 47 weeks ago
by Subrider618
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 8 weeks ago
by Anon22
n/a
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
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 30 weeks 3 days ago
by BBirmingham
30 weeks 3 days 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
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 5 days ago
by Mrs.M
2 years 51 weeks ago
by David
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
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
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 42 weeks 3 days ago
by maprobate_qa
42 weeks 2 days ago
by Peter Bernardin
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
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
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 22 weeks 3 days ago
by middle-aged
19 weeks 10 min ago
by Thomas Swain Smith
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
revocable vs. irrevocable trusts
Can someone please explain the difference between a revocable trust and an irrevocable trust under MA law?
1 4 years 29 weeks ago
by Anonymous
4 years 29 weeks ago
by The Editor
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
Second marriage and estate planning
My husband and I are both in our second marriage. We don't have a lot of property, just a house that we own together and our "stuff" around the house...
2 2 years 46 weeks ago
by SwimT
1 year 27 weeks ago
by admin
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 15 weeks 4 days ago
by Kitty
15 weeks 3 days ago
by Kitty
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
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
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
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
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 34 weeks ago
by kebrere
n/a
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
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
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
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
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
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
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 6 weeks 6 days ago
by Barryg2
1 week 5 days ago
by TheLawyerKnows
Sue trustee for bad investments under MA law?
My dad set up a trust for me before he passed away but I don't get the actual money until I'm 25. For now the trustee manages the money and I get inco...
2 2 years 30 weeks ago
by Anonymous
43 weeks 4 days ago
by admin
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 15 weeks ago
by Bruinboy5
1 year 15 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
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
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
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
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 4 weeks 4 days ago
by LMK
1 week 5 days ago
by TheLawyerKnows
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
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
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 34 weeks ago
by bender56
1 year 49 weeks ago
by bosmass
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
Updating estate planning and will
My wife and I have an estate plan that we paid thousands of dollars for about 3 years ago. We were wondering how often we should be updating our docum...
1 4 years 2 days ago
by Trace2009
4 years 2 days 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
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
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 9 weeks ago
by Anonymous
3 years 9 weeks ago
by Peter Bernardin
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 2 days ago
by airie32
14 weeks 2 days ago
by airie32
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 23 hours ago
by masseddie
2 weeks 9 hours ago
by Peter Bernardin
Voluntary administrator
My sister past away in 1992 without a will. My father applied and became the adminsitrator of her esttae. He died in 1999. He had a will and I was ...
2 4 years 3 weeks ago
by Anonymous
1 year 27 weeks ago
by admin
voluntary administrator
My sister died intestate and my father will become voluntary adminstrator of her small estate(consisting only of a car). He will transfer the car to ...
1 4 years 8 weeks ago
by Anonymous
4 years 7 weeks ago
by Peter Bernardin
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 40 weeks ago
by legalneed
1 year 39 weeks ago
by The Editor
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 2 days ago
by Mayflower
39 weeks 4 days ago
by BostonLawMan
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 46 weeks ago
by seekingtrustinfo
n/a
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
What happens if I remarry
What is the MA law regarding inheritances for a second spouse to a man with adult children and surviving ex-wife? What if he dies intestate ie without...
0 4 years 31 weeks ago
by Anonymous
n/a
What if my doctor ignores my health care proxy?
I have a health care proxy, but what if my doctor or the hospital refuse to honor my wishes? Does Massachusetts law require them to honor my wishes?
1 4 years 28 weeks ago
by Anonymous
4 years 28 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 2 weeks ago
by The Editor
When must will go to probate in MA?
My brother is the executor of my dad's will and he has the copy of the will. Based on some info I found on your site I told my brother he needs to de...
3 2 years 27 weeks ago
by Anonymous
1 year 27 weeks ago
by admin
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 2 days ago
by RikG0
40 weeks 2 days 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 28 weeks ago
by Karen64
1 year 28 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 31 weeks ago
by frustrated
Who must administrator notify when probating a will?
Who am I required to notify and list on the probate form for the court?
2 3 years 42 weeks ago
by PendingExecutor
1 year 27 weeks ago
by admin
will and probate
12-Aug-2008 5:05 PM -- AnonymousGood evening, My Mother passed and my siblings (there are three others) would like to execute her will. She wanted us ...
0 4 years 39 weeks ago
by admin
n/a
will and trust that excludes male issue...
27-Jul-2008 12:44 PM -- psdumas Hi all..I'll try to be as simple as possible in explaining this.My husband's grandmother(known as Great ...
0 4 years 39 weeks ago
by admin
n/a
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
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 26 weeks ago
by rcc130
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
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
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

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