How Can Heirs Petition the Court to Reopen a Closed Estate to Claim Unclaimed Assets in Massachusetts?
Detailed Answer 1. Who May Petition to Reopen an Estate Under Massachusetts law, an “interested person”—including heirs, beneficiaries or a court-appointed personal representative—may ask the Probate and Family Court to reopen a closed estate when new assets surface. (Mass. Gen. Laws ch. 190B, §1-201: definitions). 2. Legal Basis to Reopen: After-Discovered Property Massachusetts adopted the […]
Read article →What is the process for inventorying and distributing estate assets among multiple heirs in MA?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance tailored to your circumstances, consult a licensed attorney in Massachusetts. Detailed Answer When someone dies owning property in Massachusetts, the probate process ensures that assets are inventoried, debts are settled, and remaining assets are distributed to heirs. Below is […]
Read article →How do heirs locate and claim unclaimed property of a deceased relative in Massachusetts?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation. Detailed Answer When a person dies, they sometimes leave behind assets—bank accounts, securities, insurance proceeds, utility deposits—that remain unclaimed by heirs. In Massachusetts, the Uniform Disposition of Unclaimed Property Act (MGL […]
Read article →What factors influence the timeline for completing the probate process in Massachusetts?
Detailed Answer The timeline for completing the probate process in Massachusetts depends on multiple variables. Each stage—from appointing a personal representative to distributing assets—introduces potential delays. Understanding these factors helps you anticipate the overall duration, which often ranges from six months to two years in typical cases. 1. Appointment of the Personal Representative Under Massachusetts […]
Read article →How Do I Confirm If Workers’ Compensation Payments Were Applied to My Medical Bills in Massachusetts?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney or claims administrator for guidance specific to your situation. Detailed Answer When you receive medical treatment related to a workplace injury, your employer’s workers’ compensation insurer (claims administrator) is responsible for paying approved medical bills directly […]
Read article →What Are the Risks of Probating My Father’s Estate Without Legal Representation in Massachusetts?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation. Detailed Answer Handling your father’s estate alone can feel straightforward, but Massachusetts law imposes strict procedures, deadlines, and duties on a personal representative (formerly called executor). Missing a step can trigger […]
Read article →Why Does Real Property Pass Automatically at Death and Why Must I Probate a Will in Massachusetts?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Massachusetts for guidance on your unique situation. Detailed Answer 1. How Certain Real Property Passes Automatically at Death In Massachusetts, some real estate interests transfer outside of probate by operation of law. Common methods include: Joint […]
Read article →What steps are involved in notifying creditors and handling claims after a death in Massachusetts?
Detailed Answer When someone dies in Massachusetts, the personal representative (formerly called an executor) must notify creditors and handle claims against the estate under the Massachusetts Uniform Probate Code. Key statutes include M.G.L. c. 190B § 3-708 (Notice to Creditors) and M.G.L. c. 190B § 3-709 (Bar to Claims). Step 1: Appointment of a Personal […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate if the Death Certificate Is Not Available? – MA
Detailed Answer In Massachusetts, to open an estate, the Probate Court requires a certified copy of the deceased person’s death certificate. Under Massachusetts General Laws Chapter 190B Section 3-302, when filing for informal appointment of a personal representative, you must submit a death certificate to the court. You can view the statute here: M.G.L. c.190B […]
Read article →How do I prepare an heirship affidavit in Massachusetts?
Detailed Answer In Massachusetts, the concept similar to an "heirship affidavit" is known as an Affidavit of Collection of Personal Property under M.G.L. c. 190B, § 3-200. This process lets heirs collect personal property from an estate valued at $25,000 or less without formal probate. Follow these steps: Confirm Estate Eligibility: Ensure the decedent’s personal […]
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