How can I reopen my father's closed estate in Massachusetts (MA) so I can be appointed as administrator?
Detailed Answer Short answer: In Massachusetts you can often reopen a closed probate estate if you have a valid legal reason (for example, newly discovered assets, unpaid creditors, fraud, mistake, or the need to appoint a new personal representative). To do so you typically file a petition with the Probate & Family Court that handled […]
Read article →How long does it usually take to get an out-of-state will approved in Massachusetts (MA) probate?
Detailed Answer This answer explains, in plain language, how long it typically takes to get a will that was signed outside Massachusetts admitted to probate in a Massachusetts Probate and Family Court. It covers common scenarios, the steps the court usually requires, and factors that speed up or delay the process. Which court handles the […]
Read article →What happens if the survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? (MA)
FAQ: If a survey shows the property was conveyed out of my mother’s estate decades ago, do I still have an interest? (Massachusetts) Detailed Answer — what this means and what to do next Short answer: if a valid deed or other recorded conveyance transferred the property out of your mother’s estate and that transfer […]
Read article →How do I get the probate court’s permission to sell the property when the clerk’s office won’t explain the filing requirements — MA
How to get the probate court’s permission to sell real property in Massachusetts when the clerk’s office won’t explain filing requirements Detailed Answer — step‑by‑step under Massachusetts law When someone dies owning real estate, the personal representative (executor or administrator) often must get the Probate and Family Court’s permission—commonly called a “license to sell” or […]
Read article →What steps do I need to follow as executor to sell real property to pay estate debts? (MA)
Detailed Answer — Steps an Executor (Personal Representative) Should Follow to Sell Real Property to Pay Estate Debts in Massachusetts Disclaimer: This is general information, not legal advice. You should consult a Massachusetts probate attorney about your specific situation. Overview As executor (often called a personal representative) in Massachusetts, selling estate real estate to pay […]
Read article →Can I recover personal items heirs removed before I took possession and enforce the court’s order? (MA)
Can I recover personal items heirs removed from the house before I took possession and enforce the court’s order? Short answer Yes — you often can try to recover personal property removed by heirs and ask a Massachusetts court to enforce its order. Which legal path is best depends on (1) the source of the […]
Read article →Can heirs of a deceased sibling be included in a partition action in MA, and how do I add them?
Detailed Answer When an owner of real property dies in Massachusetts, that owner’s ownership interest does not disappear — it passes to whoever takes under the decedent’s will or, if there is no will, to the heirs under Massachusetts probate law. A partition action to divide or sell real property requires that all persons who […]
Read article →What Happens to a Safe Deposit Box After Someone Dies in MA?
Disclaimer: This article is for general information only and is not legal advice. I am not a lawyer. For legal guidance about a specific situation, consult a Massachusetts probate or estate attorney. Detailed Answer When the renter of a safe deposit box dies in Massachusetts, banks generally will not allow immediate unrestricted access. State probate […]
Read article →When Can an Executor Be Removed in Massachusetts (MA)?
When Can an Executor Be Removed in Massachusetts? Short answer: In Massachusetts an executor (more correctly called a personal representative) can be removed by the Probate and Family Court when they are unable or unfit to perform their duties, breach their fiduciary duties, commit misconduct (including fraud or theft), refuse to act, or otherwise create […]
Read article →What Is ‘Probate in Common Form' in Massachusetts (MA)?
Detailed Answer "Probate in common form" is a term used in some states (for example, North Carolina) to describe a relatively simple, uncontested way to admit a will to probate and to appoint a personal representative without a full formal hearing. Under Massachusetts law, there is no identical phrase, but the practical equivalents are informal […]
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