Comments on: When Is Probate Required? Massachusetts Law and Probate Alternatives

By: Tim McNamara

Tim McNamara — Mon, 27 Feb 2017 22:15:03 +0000

In reply to Arthur Kiriakos. Hello Arthur, As this article explains, there are many options in Massachusetts for probate process. The one you have proposed is not one of those options.

By: Arthur Kiriakos

Arthur Kiriakos — Mon, 12 Dec 2016 15:01:42 +0000

My son passed away without a will, his employer forwarded a final payroll check, in the amount of $690, payable to the “estate of (son’s name)”. There is no will, no other assets, can I sign as the administrator, and put it in the bank to assist with burial expenses. There are no other assets, no car loan, no back taxes, etc.

By: Tim McNamara

Tim McNamara — Mon, 15 Jun 2015 20:35:07 +0000

In reply to christine s. Hello Christine, It is probably best if you call our office to answer these many questions. Call anytime at 508-888-8100.

By: christine s

christine s — Sat, 09 May 2015 16:34:29 +0000

My dad had no will he had two cars and four bank accounts. How do I find out how much each account has in it. Also if each account is is less then 10k then it won’t need to go into probate or do we have to combine monies from accounts and if it is more then 10k it will go into probate? Lastly once we become representatives then we change title to my sister and I and then we sell cars? Do monies we collect from cars go into probate then? Thanks Christine

By: Tim McNamara

Tim McNamara — Fri, 22 Aug 2014 15:34:04 +0000

In reply to Kim B..

Hello Kim,
I’m sorry to hear about your father’s passing. We do not offer legal advice on the public pages of this website. A more comprehensive inquiry is necessary, starting with whether your father passed away in the State of Massachusetts.
From the limited facts you have described, however, it does not seem that a probate of any kind would need to be opened. In addition, the beneficiary of a life insurance policy is not generally liable for taxes owed by another individual, even if that individual originally purchased the policy.
Call our Cape Cod law office for any legal guidance you may need on this subject.

By: Kim B.

Kim B. — Fri, 22 Aug 2014 13:28:42 +0000

Our father recently passed away with no assets. He had two life insurance policies totaling $18,000 paid to one beneficiary (my sister). He also had a large bill owed to the IRS for back taxes. Other than that, no creditors. 1) Do we have to file a “Voluntary Administration”? 2) Will the life policy beneficiary be responsible for the IRS taxes? Thank you for your help.