How to Prove a Zero Balance and Close a Spouse’s Estate in Massachusetts
Closing a Spouse’s Estate in Massachusetts When There Is a Zero Balance Quick summary: If your late spouse’s estate has no assets that require probate (or all probate assets have been collected and distributed), you can ask the Probate Court to formally close the estate so the personal representative is discharged. Below you will find […]
Read article →Massachusetts: Using a Small-Estates Affidavit Instead of Formal Probate — FAQ
Can you use a small-estates affidavit instead of formal probate in Massachusetts? Detailed Answer Short answer: Maybe — but it depends on the type and value of the assets, how title is held, and whether Massachusetts' limited summary procedures or a creditor/financial-institution process will allow collection without formal probate. Massachusetts does not have a single, […]
Read article →Massachusetts: Guardian ad Litem Appointment Process for a Minor’s Settlement
Detailed Answer Short summary: In Massachusetts, when a minor is a party to a civil claim and a settlement or release is proposed, the court commonly appoints a guardian ad litem (GAL) or otherwise requires court approval to protect the child’s best interests. The appointment process begins with a motion or petition to the trial […]
Read article →Massachusetts — Accessing a Child’s Settlement Funds Before Age 18 for College or Medical Expenses
Can you use some of a child’s settlement money before they turn 18 for college or medical expenses? Short answer: Possibly — but in Massachusetts you usually must get the Probate and Family Court’s approval or arrange a court-sanctioned guardianship/conservatorship or structured settlement. The court’s job is to protect the child’s money and will only […]
Read article →Massachusetts: How an Out‑of‑State Sibling Opens Probate for a Deceased Sibling
FAQ: Opening a Probate Case in Massachusetts When You Live Out of State Short answer: If your sibling died owning assets in Massachusetts or was domiciled here, you will generally open a probate case in the Massachusetts Probate and Family Court where your sibling lived (or where Massachusetts real estate is located). You can petition […]
Read article →Settling a Parent’s Estate in Massachusetts and Handling Out‑of‑State Property
Detailed Answer This guide explains, under Massachusetts law, the common steps to settle a parent’s probate estate in Massachusetts and to handle any property that is located in another state. It assumes no prior legal knowledge and focuses on practical tasks, timing, and options you’ll encounter. This is informational only and not legal advice. 1. […]
Read article →Transferring Real Estate After a Spouse's Death in Massachusetts: Steps to Record a Deed to Put a Child on Title
How to transfer real estate after a spouse’s death in Massachusetts: key steps to put a child on title Short answer: First determine how the property was titled (joint tenants, tenants by the entirety, or sole ownership). If the surviving spouse already owns the property by right of survivorship, no probate deed is needed and […]
Read article →Massachusetts: Ensuring a Wrongful Death Settlement Is Filed and Split Correctly
How to make sure a wrongful-death settlement in Massachusetts is filed correctly and distributed as agreed Short answer: In Massachusetts, only the personal representative (executor or administrator) may bring a wrongful-death action. To ensure a settlement is filed correctly and distributed as you agreed, confirm the personal representative’s authority, put the settlement terms in a […]
Read article →Massachusetts: Requiring a Co‑Heir to Reimburse an Appraisal Before an Estate Buyout
Short answer If one heir pays for an appraisal, you sometimes can require reimbursement — but only in certain situations under Massachusetts law or by contract. Reimbursement commonly depends on who hired the appraiser, whether the appraisal was necessary and reasonable for estate administration or the buyout, whether the personal representative already authorized the expense, […]
Read article →Massachusetts — Do I Need a Transfer‑On‑Death Deed or Payable‑On‑Death Designation If My Will Leaves Everything to My Daughter?
Detailed Answer Short answer: Maybe. A will that leaves all your property to your daughter controls only property that passes through probate. In Massachusetts, many common ownership forms and beneficiary designations bypass probate entirely. If you want assets to transfer automatically at death and avoid probate delay, you may still need a transfer-on-death deed (for […]
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