How do I distribute wrongful death proceeds to rightful heirs in Massachusetts?
Disclaimer: This article is for educational purposes and not legal advice. Detailed Answer Under Massachusetts General Laws Chapter 229 (Wrongful Death), survivors may bring a wrongful death action and recover damages. The statute outlines who may file and how to distribute proceeds. Always consult an attorney to ensure compliance. 1. Eligible Beneficiaries and Priority Massachusetts […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in MA
Detailed Answer Under Massachusetts law, MassHealth must seek recovery of medical assistance paid on behalf of a beneficiary age 55 or older from that individual’s estate after death. Federal authority comes from 42 U.S.C. § 1396p(b), and state authority is codified in M.G.L. c. 118E, § 5. The process to obtain and review documentation involves […]
Read article →How to obtain and review corporate formation documents and bylaws affecting a decedent’s business interest in Massachusetts
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer When a business owner dies, their personal representative or qualified heir may need to obtain the corporation’s formation documents—such as the articles of incorporation and any amendments—and the internal […]
Read article →What is the process for petitioning a court in Massachusetts to remove a personal representative for mishandling estate assets?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Under Massachusetts law, interested persons may petition the Probate and Family Court to remove a personal representative who mishandles estate assets. Removal requires proof of willful misconduct, breach of fiduciary duty, waste or neglect. Follow these steps: Identify Grounds for […]
Read article →How can an interested party open probate for a decedent’s estate in Massachusetts?
Disclaimer: This article is for educational purposes only and is not legal advice. Detailed Answer In Massachusetts, probate begins in the Probate and Family Court in the county where the decedent was domiciled. An “interested party” may include an executor named in a will, a beneficiary, an heir, a creditor, or another individual with a […]
Read article →What Information and Documents Should Be Gathered Before the Decedent’s Passing to Streamline Probate in Massachusetts?
Streamline Probate in Massachusetts: Essential Pre-Death Document Preparation Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Gathering accurate information and documents before a person’s passing can reduce delays, lower costs, and simplify the probate process under Massachusetts law. Below are the key categories and why each matters: Personal […]
Read article →What information and duties is a personal representative required to provide to heirs? (MA)
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Under Massachusetts law, a personal representative (PR) manages the decedent’s estate and owes fiduciary duties to heirs and beneficiaries. The PR must keep heirs informed about estate administration, provide certain notices, and render accountings according to the Massachusetts Uniform […]
Read article →What steps are required to file probate court documents and publish creditor notices in Massachusetts?
Steps to File Probate Court Documents and Publish Creditor Notices in Massachusetts Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation. Detailed Answer 1. Determine Whether Probate Is Required Under Massachusetts law, you must open a probate estate if the decedent held […]
Read article →How to determine if a transferred vehicle must be treated as estate property in Massachusetts
Disclaimer: This article provides general information about Massachusetts law and is not legal advice. Consult a qualified attorney for advice about your specific situation. Detailed Answer When someone dies in Massachusetts, any vehicle they owned at death generally becomes part of their probate estate. However, some transfers before or at death can remove a vehicle […]
Read article →How to Determine the Proper Venue for Opening or Transferring a Decedent’s Estate in MA
Disclaimer: This article provides general information and does not constitute legal advice. You should consult a qualified attorney for advice on your specific situation. Detailed Answer 1. Opening a Decedent’s Estate in Massachusetts Under Massachusetts law, you must file probate in the county where the decedent was domiciled at the time of death. See Mass […]
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