Can I elect to receive a life estate instead of an intestate share in Massachusetts?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer When someone dies without a valid will in Massachusetts, their assets pass by intestacy under Chapter 190 of the Massachusetts General Laws. The estate divides among heirs according to statutory […]
Read article →How does an executor obtain an EIN for an estate in Massachusetts?
Disclaimer: This article does not provide legal advice. It offers general information on how an executor can obtain a federal Employer Identification Number (EIN) for an estate under Massachusetts law. Detailed Answer When a person dies in Massachusetts, the appointed executor (also known as a personal representative) must obtain an Employer Identification Number (EIN) from […]
Read article →What Is the Difference Between Common and Solemn Form Probate in Massachusetts?
Detailed Answer Massachusetts does not use the terms “common form” and “solemn form” probate. Instead, the Probate and Family Court handles two primary estate processes under the Massachusetts Uniform Probate Code (MUPC): informal probate (sometimes called voluntary administration for small estates) and formal probate. 1. Informal Probate (Small Estate Administration) Informal probate applies when the […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate in Massachusetts?
Detailed Answer Understanding the Year’s Allowance in Massachusetts Under Massachusetts law, a "year’s allowance"—also called a family allowance—provides a surviving spouse or minor children with funds for maintenance and support during estate administration. This allowance is governed by Mass. Gen. Laws ch. 190B, § 2-403. It allows up to $18,000 (higher limits if there is […]
Read article →How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in Massachusetts
Disclaimer: This article provides general information on serving court orders in Massachusetts probate cases. It does not constitute legal advice. Consult a licensed attorney for guidance. Detailed Answer In Massachusetts probate proceedings, you must serve court orders on every interested party to advance the case. Interested parties include heirs, beneficiaries, creditors and guardians. Proper service […]
Read article →How to determine which tasks are covered under an initial probate representation agreement in Massachusetts
Disclaimer: This article provides general legal information and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer When you hire an attorney for probate matters in Massachusetts, the initial probate representation agreement defines which tasks fall within your attorney’s scope of work. This agreement lays out the services […]
Read article →May I Petition to Remove an Estate Administrator Who Refuses to Fulfill Their Duties in Massachusetts?
Detailed Answer Under Massachusetts law, the probate court has authority to remove an estate administrator (also called a personal representative) who refuses to fulfill their duties. Massachusetts General Laws chapter 190, section 34 (MGL c.190 §34) allows removal after a hearing for willful neglect, refusal to act, misconduct, or conflict of interest. When to Seek […]
Read article →How can I request an extension for filing a final accounting in probate in Massachusetts?
Detailed Answer Under Massachusetts law, a personal representative must file a final accounting within one year of appointment or within the time set by the court. See M.G.L. c. 190B, § 3-913(b) (link). If you cannot meet the deadline, you must ask the Probate and Family Court for more time before the original date expires. […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Claim in Massachusetts?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Under Massachusetts law, a wrongful death action must be filed by the decedent’s personal representative (executor or administrator). The relevant statute, M.G.L. c. 229, § 2, states that such claims “shall be brought by and in the names of the […]
Read article →How do I apply for letters of administration and what AOC forms are required in Massachusetts?
Detailed Answer When a person dies without a will in Massachusetts, you must apply for letters of administration to manage their estate. You initiate this process at the Probate & Family Court in the county where the decedent resided. Follow these steps and use the required P-PR forms issued by the Massachusetts Court System. 1. […]
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