Comments on: How to Avoid Probate | Probate Law Massachusetts

By: Tim McNamara

Tim McNamara — Wed, 22 Mar 2017 12:22:44 +0000

In reply to Cathy. Hello Cathy, We would likely recommend creating a trust, but this type of advice is best left off the comment section of our website and after a consultation at our office. Thanks and let us know by phone or email if you wish to come in.

By: Cathy

Cathy — Sat, 18 Mar 2017 11:29:07 +0000

Hi, my mom is 85 and not in the best of health. She lives alone but I take care of her I live next door. i am her power of attorney. Her house is paid for BUT her name only is on the deed. She has a will. What can I do to avoid private?

By: Tim McNamara

Tim McNamara — Mon, 27 Feb 2017 22:03:35 +0000

In reply to jordan. Hello Jordan, A will in Massachusetts should ordinarily be introduced within 3 years of the date of death, if it is to be given effect in a Massachusetts probate court. The timeline for a trust would first be listed under the terms of that document's provisions. Any further questions you have would be addressed in a free consultation on Cape Cod.

By: jordan

jordan — Thu, 12 Jan 2017 22:44:55 +0000

Is there any regulated time period for a will & Trust to be probated and what are the obligations of the trustee to notify any beneficiaries of the probating a Will & Trust

By: Tim McNamara

Tim McNamara — Tue, 23 Sep 2014 19:39:38 +0000

In reply to Sandra Riley.

Hello Sandra,

It sounds like there are some issues in this estate, but we don’t offer legal advice on the public pages of this website. Please call my office if there is something we can help you with.

Thanks,
Tim

By: Sandra Riley

Sandra Riley — Mon, 22 Sep 2014 18:45:33 +0000

my brother did not have a will. I was told that because I am the sole sibling left that it should be easy. someone else said that my younger brother who is also deceased has a daughter and she would share in the inheritance also. I was beneficiary on his life insurance but no will on his savings.can this happen even if I was caretaker for him until he passed and she is in California and doesn’t even know him.?? I go through all the work and she gets half for doing nothing?? what can be done about this?

By: Tim McNamara

Tim McNamara — Wed, 02 Apr 2014 18:37:48 +0000

In reply to DeeDee P.

Hello Dee Dee,

We don’t give legal advice on the public webpages of this site, though we do try to explain basic principles in the articles featured on it. Still, feel free to give us a call to discuss the particular circumstances of your situation. In the meantime, I would suggest reading and/or forwarding this article to your present attorney: http://localhost/wordpress/2012/probate-real-estate-in-massachusetts/.

Thanks,
Tim

By: DeeDee P

DeeDee P — Wed, 02 Apr 2014 17:04:11 +0000

My friend passed last year 2013 – lawyer filed in probate. No one has contested will (only family is 2nd cousins) I have my paper (personal rep/executor) from courts. I have been left everything including her home. She has a living will. It named me as being able to sell rent house etc without supervision from court system. Ny Lawyer is telling me that I need to file papers with court to do so. WHY? I have been named the executor. He said Laws in MA have changed as of 2013. I cant find anything online. What should I do? I have a buyer for the house and want to sell it but lawyer is saying I have to wait until probate is over. That wont be until August. I filed in June! Please give me some advise.

By: Tim McNamara

Tim McNamara — Mon, 17 Feb 2014 20:53:06 +0000

In reply to Judith Kellie.

Hello Judith,

If a person dies leaving behind only jointly titled assets, and assets that have beneficiary designations, then probate generally should not be required.

Thanks,
Tim

By: Judith Kellie

Judith Kellie — Mon, 17 Feb 2014 18:48:05 +0000

Is probate required if the only assets are a house (joint tenamcy), and insurance policies and pension with surviving spouse named as sole beneficiary?r