How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Massachusetts
Disclaimer This article is for educational purposes and not legal advice. Consult an attorney for guidance on your specific situation. Detailed Answer 1. Understanding Subpoenas in Massachusetts Probate Courts A subpoena is a court order compelling attendance of a witness or production of documents. In probate proceedings, a subpoena duces tecum lets you gather estate […]
Read article →What Authorization Forms Must an Heir Sign to Direct Distribution of Real Property Sale Proceeds in Massachusetts?
Authorization Forms for Estate Real Property Proceeds in MA Detailed Answer In Massachusetts, a decedent’s personal representative handles the sale of estate real property and distributes net proceeds to heirs. State law governs both sale and distribution. Under Massachusetts General Laws Chapter 190B §3-619, a personal representative may sell estate assets without a court order […]
Read article →How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds Following the Owner’s Death or Divorce?
How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds Following the Owner’s Death or Divorce? Learn when, where, and how to file your claim for surplus proceeds from a foreclosure or court-ordered sale in Massachusetts. Detailed Answer In Massachusetts, a surplus arises when a foreclosed property or court-ordered sale of real estate […]
Read article →How to Distinguish Assets of a Deceased Person's Estate from a Relative’s Corporate Assets in Massachusetts
How to Distinguish Assets of a Deceased Person's Estate from a Relative’s Corporate Assets in Massachusetts Detailed Answer When an individual dies in Massachusetts, their estate includes all assets the person owned in their sole name at death. You identify estate assets by examining title documents, deeds, account statements, insurance policies, and beneficiary designations. Under […]
Read article →What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
Options for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs Detailed Answer When you administer an estate in Massachusetts, you may need to liquidate personal property—furniture, jewelry, artwork—to pay debts, funeral expenses, and administrative costs, and to ensure each beneficiary receives an equal share. The Massachusetts Uniform Probate Code […]
Read article →How Can an Interested Party Determine if Surplus Funds Remain After a Foreclosure Sale in Massachusetts
Detailed Answer In Massachusetts, when a property sells at a foreclosure auction for more than the outstanding mortgage debt plus allowable costs, the excess amount becomes surplus funds. The process for identifying and claiming these funds follows Massachusetts General Laws: Mass. Gen. Laws ch. 244, § 14 requires the sheriff to deposit any surplus with […]
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