Massachusetts — Using Payable‑on‑Death (POD) Accounts to Pay Estate Creditors
Detailed answer Short answer: In Massachusetts, funds in payable‑on‑death (POD) accounts usually pass outside probate to the named beneficiary and are not treated as estate assets available to pay the decedent’s creditors. However, there are important exceptions and practical steps a personal representative or creditor must consider. If the POD designation names the decedent’s estate […]
Read article →How to Open a Massachusetts Estate Bank Account Using an IRS EIN
Detailed Answer This article explains how a personal representative (executor or administrator) in Massachusetts can open a bank account for a decedent's estate using an IRS Employer Identification Number (EIN). It covers when you need an estate account, how to get the court appointment and an EIN, what banks usually require, and practical tips to […]
Read article →Massachusetts: Creditor Claims After the 90-Day Notice — What You Need to Know
Detailed Answer Disclaimer: This is educational information and not legal advice. For guidance about a specific situation, consult a Massachusetts probate attorney. In Massachusetts probate practice, a personal representative (executor or administrator) must notify creditors of the decedent’s death. Creditors who want payment for debts generally must present their claims within the statutory notice period. […]
Read article →Claiming a Parent’s Estate Share in Massachusetts When There Is No Will
What to do if your parent dies without a will in Massachusetts: how to claim your share Short answer: If your mother died intestate (without a will) in Massachusetts, you normally must participate in the probate process so a personal representative (administrator) can be appointed, the estate’s debts and taxes paid, and the remainder distributed […]
Read article →Surviving Spouse Rights in Massachusetts When There Is No Will
Understanding Your Rights as a Surviving Spouse in Massachusetts When There Is No Will This article explains, in plain language, what rights a surviving spouse has under Massachusetts law when a spouse dies without a will (intestate) and the deceased spouse’s family is excluding the surviving spouse from decisions. This is general information, not legal […]
Read article →How to Get Appointed Estate Administrator in Massachusetts After a Spouse Dies Intestate
Overview If your spouse died without a will in Massachusetts and their relatives are uncooperative, you can still ask the Probate and Family Court to appoint you as the personal representative (often called the estate administrator). The court follows statutory priority rules and will appoint the appropriate person after notice and, if necessary, a hearing. […]
Read article →Massachusetts: Guardian Ad Litem for Unknown or Unlocatable Heirs in Partition Actions
What to expect when the court protects unknown or unlocatable heirs in a Massachusetts partition case Detailed Answer — how Massachusetts courts handle unknown or unlocatable heirs in partition actions When real property is subject to a partition action and one or more owners or heirs are unknown or cannot be located, Massachusetts courts have […]
Read article →How to Claim Surplus Funds After a Foreclosure of a Deceased Parent in Massachusetts
Detailed Answer — How to Recover Foreclosure Surplus When a Parent Died Without Probate (Massachusetts) Short answer: In Massachusetts, surplus proceeds from a foreclosure sale belong to the estate/owner of the property. If a parent died and no probate was opened, the person who can legally receive those funds is generally the appointed personal representative […]
Read article →How to Transfer an Inherited Single‑Member LLC Membership Interest in Massachusetts
Transferring an Inherited Membership Interest in a Single‑Member LLC in Massachusetts Not legal advice. This article explains general Massachusetts processes and statutes to help you decide whether to consult a lawyer. Detailed answer — what to know and the steps to take If you inherit a membership interest in a single‑member limited liability company (LLC) […]
Read article →Massachusetts: What Secretary of the Commonwealth documents will prove a deceased family member was sole member of an LLC?
How to prove a deceased family member was the sole member of their Massachusetts LLC Detailed answer When a bank asks you to confirm that a deceased loved one was the sole member of a Massachusetts limited liability company (LLC), the bank will usually want a combination of public filings from the Secretary of the […]
Read article →