Massachusetts — How Remaining Estate Funds Are Distributed to Children After Debts and Taxes
How the Personal Representative Distributes Remaining Estate Funds to Children in Massachusetts FAQ: What is the process for distributing the remaining estate funds to the decedent's children after all taxes, claims, and expenses are settled? Short answer After a decedent’s taxes, creditor claims, and estate expenses are paid, the personal representative (executor or administrator) prepares […]
Read article →Do I need to post a bond to serve as administrator of my mother’s intestate estate — Massachusetts
Short answer Yes — in Massachusetts a proposed administrator (personal representative appointed for an intestate estate) is generally required to post a surety bond before exercising full powers. The court can waive or limit that bond in some situations, but only by order. The most common ways to avoid a bond are (1) a written […]
Read article →Factors Massachusetts Courts Consider When Appointing an Estate Administrator
Disclaimer: This is educational information only and not legal advice. For advice about a specific estate or contested appointment, consult a Massachusetts probate attorney. Detailed Answer — What Massachusetts probate courts look at when appointing an estate administrator When a person dies without a valid executor named in a valid will, or when the named […]
Read article →Massachusetts: Using Estate Sale Proceeds to Pay Junk Removal and Cleanup Costs
Can estate sale proceeds pay for cleanup, junk removal, and personal property disposal? Short answer: Yes—under Massachusetts law, the personal representative (executor or administrator) may generally use estate funds, including sale proceeds, to pay reasonable and necessary estate administration expenses such as junk removal, cleanup, and costs of preparing property for sale. However, the expenses […]
Read article →Massachusetts: How Unauthorized Charges to a Parent’s Estate Are Handled in Probate
How Massachusetts Probate Addresses Unauthorized Charges to an Estate Short answer: The probate court supervises the personal representative, requires accountings, and can reverse or surcharge unauthorized charges, remove the representative, and order repayment. This page explains the usual process, remedies, and practical steps to protect an estate. Detailed Answer This section explains how Massachusetts probate […]
Read article →Regaining Control of a Deceased Parent’s Bank and Credit Card Accounts in Massachusetts
If someone else is using a deceased parent’s bank or credit card accounts in Massachusetts, act quickly. Financial misuse can deplete the estate, hurt creditors and beneficiaries, and may be criminal. Below is a clear, step-by-step explanation of what commonly must be done under Massachusetts law, what legal tools exist to stop the misuse, and […]
Read article →Securing and Inventorying a Deceased Person’s House in Massachusetts Before Appointment
Detailed Answer When someone dies, no one (other than a properly appointed personal representative) has legal authority to manage, dispose of, or remove estate property. In Massachusetts, the Probate and Family Court oversees appointment of an estate personal representative and related emergency relief. For general guidance on the probate process in Massachusetts, see the Probate […]
Read article →Massachusetts: How to Become the Administrator (Personal Representative) of an Intestate Estate
Detailed Answer This guide explains, in simple steps, how to become the court-appointed administrator (personal representative) for a deceased parent who left no will in Massachusetts. It uses common, hypothetical facts: a father who lived and died in Massachusetts with adult children and no surviving spouse. This is educational information only and not legal advice. […]
Read article →Massachusetts — Order of Succession Among Children for Intestate Estate Administration
How children inherit and who can administer an estate in Massachusetts when there is no will Short answer: If a person dies without a will in Massachusetts, the decedent’s children are primary heirs. Living children divide the decedent’s share equally. If a child died before the decedent but left descendants (grandchildren), those descendants step into […]
Read article →Massachusetts: How to Get Court Approval to Sell a House and Pay Off the Mortgage
Detailed Answer This answer explains the usual steps someone takes in Massachusetts to obtain court permission to sell real property and use the proceeds to pay the mortgage when the property requires court approval (for example, when it is owned by a deceased person’s estate or by a person under a guardianship or conservatorship). This […]
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