Massachusetts Probate Attorney & Lawyer
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Massachusetts Probate Law -- Massachusetts Probate Lawyer
Probate Law
If you are currently in a situation where you’ll be dealing with the Massachusetts state court system in relation to a probate or estate related matter, or if you think that you will be in this kind of situation in the near future, it is important that you hire an attorney that knows the ins and outs of Massachusetts probate law.
Probate law has to do with the handling of an estate when someone, such as a family member or other loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the “heirs,” or the descendant. When you find yourself in a situation where you’ll be dealing with probate law, it’s a good idea to already have in mind what you are going to need to do.
What exactly is Probate? Probate is a legal process that begins with a “petition” (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased’s property. The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
While on one hand, this may sound simple, probate law and the handling of estates is in fact a complex system, which presents you with multiple requirements and tasks to be preformed by the personal representative, an experienced attorney and a tax consultant. For example, an estate including only a single house and single bank account that has been left to a single beneficiary will probably be a far easier and quicker process to deal with than an estate containing multiple houses that are located in various states, and that are left to multiple beneficiaries. This becomes especially difficult if an estate includes leaving assets to a minor.
Probate Law in Massachusetts
For people dealing with the Massachusetts state probate system, there are a few key points that should be taken into account. The first has to do with understanding just how the procedures work. The success of a probate case is partially dependent on how accurately these state regulations are followed; therefore it is important to adhere to norms and standards devised by the state.
Another key factor in the Massachusetts probate system is the payment of debts to the estate of the decedent. This responsibility is given to the personal representative who is obligated by state law to carry out the payments until the process has come to an end.
It is also important to note the limitation on the actions carried out by creditors who are presenting claims against the estate of the decedent. Without knowing these limitations, grave mistakes could be made, resulting in a decedent’s estate and assets being mishandled.
Finally, it is of utmost importance to understand what the spouse and children of the decedent are entitled to, given the fact that Massachusetts state law makes specific provisions for them in the statutes. For people who do not have much experience in legal matters, it is often a good idea to seek legal help, so as to prevent costly mistakes related to probating estates and assets.
Two basic factors that are crucial to the Massachusetts probate system are the writing of legal documents and time limitations placed on the procedures. To begin with, the court has set clear standards that must be followed when writing and submitting formal, legal documents. These guidelines are posted in the state statutes. People often find these standards to be difficult to follow, much less understand, with out extensive legal training. An attorney working for you can make probate less stressful and easier to understand.
The second contributing factor related to Massachusetts probate, is the time limitation on various procedures. Documents, such as petitions and orders, are restricted by the Massachusetts probate system on a basis of time, which is described in the statutes. It is crucial that these deadlines are followed precisely to help ensure a desired outcome for your case.
The executor or administrator of an estate has six months after the date of the death of the decedent to make public notice of the event. After these first six months, he or she may pay the creditors, in order to rid the estate of debts and take care of claimants’ cases. Again, it is vital to follow these procedures precisely as described by the state.
When the executor or administrator of an estate is doubtful of the validity of any debt against the estate, he may bring the issue to the attention of the court and manage the debt in accordance with the court’s decision. It’s important that you know about the limitations of actions by creditors against an estate or against the assets of a decedent, given that these limitations could prevent a creditor from pursuing his or her claim. If these claims are not presented in accordance with the standards set by the Massachusetts state statutes, they are subject to denial. There are, however, processes for resubmitting claims when these limitations have not been adhered to; though, the chances of the claim going through are considerably lessened.
In Massachusetts, the surviving spouse of the decedent is to receive a share of the estate as is described in the decedent’s will, and in accordance with the ruling of the probate court. If there is no surviving “issue” related to the estate and assets, the spouse is to receive the entire estate. However, when issues are present, that amount will change with respect to the particular case that you might be dealt with. It’s important that you are aware of matters like these, because they can affect the amount of money and property that the surviving spouse of a decedent may receive.
As you can see, handling Probate laws is not an easy thing to go through or deal with, which is one of the many reasons why it’s often a good idea to hire an attorney experienced in the field of Massachusetts probate law to help you with the matter. Having an attorney on your side will help you make sure that the estate and assets of your loved one’s particular case are handled in a proper and legal fashion.
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Massachusetts Probate Lawyer Areas Served
Massachusetts Cities Served By A 1800 Probate Lawyer
| Boston | Worcester | Springfield |
| Lowell | Cambridge | Brockton |
| New Bedford | Fall River | Lynn |
| Quincy | Newton | Somerville |
| Lawrence | Framingham | Waltham |
| Haverhill | Brookline | Malden |
| Taunton | Medford | Chicopee |
| Weymouth | Plymouth | Peabody |
| Barnstable Town | Revere | Pittsfield |
| Methuen | Arlington | Attleboro |
| Leominster | Salem | Westfield |
| Beverly | Holyoke | Fitchburg |
| Billerica | Everett | Woburn |
| Marlborough | Chelsea | Amherst |
| Chelmsford | Braintree | Watertown |
| Falmouth | Natick | Shrewsbury |
| Andover | ||
| And Many More! | ||
|---|---|---|
Massachusetts Counties Served By A 1800 Probate Lawyer
| Barnstable County | Berkshire County | Bristol County |
| Dukes County | Essex County | Franklin County |
| Hampden County | Hampshire County | Middlesex County |
| Nantucket County | Norfolk County | Plymouth County |
| Suffolk County | Worcester County |
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