What Constitutes Due Diligence for Identifying and Notifying Unknown Heirs in Massachusetts Probate Administration?
Probate administration in Massachusetts requires a personal representative to locate and inform all heirs, including those unknown at the outset. You follow a structured process under the Massachusetts Uniform Probate Code (MUPC) to meet this requirement. Detailed Answer Under Massachusetts law (M.G.L. c. 190B), a personal representative must exercise due diligence to identify and notify […]
Read article →How can an administrator in Massachusetts locate and verify potential heirs with limited information?
Detailed Answer When an administrator faces limited information about potential heirs, a structured approach can help ensure all interested parties receive proper notice. Under Massachusetts law, administrators must act in good faith per M.G.L. c.190B, §1.106 and distribute assets according to intestate succession rules in M.G.L. c.190B, §3.301. 1. Review Decedent’s Records: Start with any […]
Read article →How Can a Potential Heir Be Appointed as Administrator in Massachusetts When the Decedent Left No Will?
Detailed Answer When someone dies without a will in Massachusetts, they die intestate. The Probate and Family Court must appoint an administrator to manage and distribute the decedent’s estate under Mass. Gen. Laws c.190B, §3-301. A potential heir can petition the court to serve as administrator by following these steps: 1. Determine Your Priority as […]
Read article →What Documentation Is Needed to Freeze or Secure the Decedent’s Bank Accounts When Co-Heirs Refuse to Cooperate in Massachusetts
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer When someone dies, their bank accounts remain accessible until the financial institution receives the correct legal documents. In Massachusetts, only a properly appointed personal representative or a court-appointed special administrator can […]
Read article →How Are Real Property and Personal Assets Identified, Inventoried, and Distributed Under Intestacy Law in MA?
Detailed Answer In Massachusetts, intestate succession arises when someone dies without a valid will. Under Massachusetts General Laws chapter 190, the probate court appoints an administrator to handle the estate. Real property includes land and buildings; personal property covers tangible items (vehicles, jewelry) and intangible assets (bank accounts, investments). The administrator identifies assets by reviewing […]
Read article →What options exist to secure missing estate documents from uncooperative institutions in Massachusetts
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a personal representative in Massachusetts encounters uncooperative institutions holding critical estate documents—such as deeds, stock certificates, or bank records—several legal avenues can compel production. Below is a step-by-step outline under Massachusetts law. 1. Obtain Letters of Authority First, […]
Read article →What type of deed should heirs sign to convey their interests in property in Massachusetts, and how is it recorded?
Detailed Answer Under Massachusetts law, when heirs need to transfer their interests in real property, the appropriate deed depends on whether the estate went through probate and if a personal representative holds title. Executor’s or Administrator’s Deed If the decedent’s estate undergoes probate, the court appoints a personal representative (executor under a will or administrator […]
Read article →How can a client verify that creditor notice requirements were satisfied in the original estate to rely on the two-year rule in Massachusetts?
Detailed Answer Under Massachusetts law, a personal representative must notify creditors after opening probate. If the representative publishes notice and mails individual notices within three months of appointment, most creditor claims are barred sooner. Otherwise, the two-year rule applies: unpaid claims become unenforceable two years after the decedent’s death. Key statute: M.G.L. c. 190B, § […]
Read article →Should a Personal Representative Open an Estate Account to Handle the Money of the Estate? (MA)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation. Detailed Answer When you serve as a personal representative (PR) in Massachusetts, you step into a fiduciary role. Your duties include collecting assets, paying debts, and distributing property according to the will […]
Read article →What steps are needed to bring real property into the estate in order to pay claims of the estate in Massachusetts (MA)?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Step 1: Open a Probate Estate To include real property in the decedent’s estate, file a petition in the Massachusetts Probate and Family Court where the decedent lived. Submit the original will (if any), a death certificate, and your oath as executor […]
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