Should an executor confirm available estate funds before settling a creditor claim in Massachusetts?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Massachusetts, an executor (also called a personal representative) must manage estate assets carefully before paying any creditor claims. Confirming available funds ensures you meet fiduciary duties and avoid personal liability. 1. Gather and Secure Estate Assets First, identify […]
Read article →What steps should be taken to negotiate and settle a creditor claim during probate in Massachusetts?
Detailed Answer Negotiating and settling a creditor claim during probate in Massachusetts involves clear steps under the Massachusetts Uniform Probate Code (MUPC). Below are the phases you should follow to protect the estate and comply with statutory requirements. 1. Identify and Verify the Claim After appointment, the Personal Representative must publish a notice to creditors […]
Read article →What documentation should an executor gather to respond to a creditor’s settlement demand in Massachusetts?
Detailed Answer When a creditor submits a settlement demand to an executor (personal representative) in Massachusetts, you must compile comprehensive documentation to verify the estate’s assets and address the claim under Massachusetts General Laws (M.G.L.) Chapter 190B (Uniform Probate Code). Gathering accurate records helps you evaluate the creditor’s demand, meet statutory deadlines, and protect estate […]
Read article →How Can an Executor Challenge a Creditor Claim on Predatory Lending Grounds in Massachusetts?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. When someone dies in Massachusetts, their estate enters probate under Massachusetts General Laws Chapter 190B. During probate, creditors may file claims against the estate to recover debts. Executors must review each claim carefully. They can accept, deny, or negotiate […]
Read article →How to Access and Withdraw Funds from a Deceased Person’s Bank Account During Probate in Massachusetts
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Massachusetts attorney for guidance on your specific situation. Detailed Answer 1. Identify and Appoint the Personal Representative Under Massachusetts law, only a court-appointed personal representative (also called an executor or administrator) may access a deceased person’s bank accounts […]
Read article →What Factors Determine the Total Cost of Administering an Estate in Massachusetts?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Administering an estate in Massachusetts involves multiple costs that vary with the size and complexity of the estate. Consider a hypothetical estate with real estate valued at $400,000, bank accounts totaling $50,000, and personal belongings worth $10,000. The total […]
Read article →What steps are needed to seek guardianship or conservatorship for an incapacitated relative in MA?
Detailed Answer Under Massachusetts law, guardianship and conservatorship protect an incapacitated person’s personal and financial interests. A guardian manages health care, living arrangements, and daily decisions. A conservator handles assets and bills. You initiate these processes in the Probate and Family Court under the Uniform Probate Code (Mass. Gen. Laws ch. 190B). 1. Determine the […]
Read article →Which Documents and Certificates Should Be Collected to Begin Estate Administration in Massachusetts?
Documents and Certificates Needed to Begin Estate Administration in Massachusetts Disclaimer: This article provides general information and does not constitute legal advice. Consult a Massachusetts probate attorney for guidance specific to your situation. Detailed Answer When a loved one passes away, the personal representative (executor or administrator) must gather key documents and certificates before filing […]
Read article →How Can Estate Expenses and Ongoing Bills Be Managed During the Probate Process in MA?
Detailed Answer Managing estate expenses and ongoing bills during probate in Massachusetts falls primarily on the personal representative (also known as executor). The personal representative must safeguard assets, pay valid claims, and ensure continuity of essential services. 1. Appointment of Personal Representative After filing a petition with the probate court, the court issues Letters Testamentary […]
Read article →How to enforce distribution of life insurance proceeds in Massachusetts probate when no beneficiary was designated
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 life insurance policy in Massachusetts lacks a named beneficiary, the insurer must pay the proceeds into the decedent’s probate estate. Under Massachusetts General Laws Chapter 190, Section […]
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