Probate Administration

Probate Administration Attorneys in Melrose, MA

Assisting Families Through the Probate Process

Under the State of Massachusetts’ laws, the estate of a person who has passed away must undergo the probate process. The entire process can be extremely lengthy and costly. Losing a loved one is an overwhelming event, and emotions tend to run high during these challenging times. Going through a complicated legal process is likely unwelcome in a difficult time of grieving.

One of the last things that you want to think about is having to deal with the various legal issues that accompany the probate process after your loved one passes away. Nonetheless, suppose you have been appointed to act as the executor or personal representative of your loved one’s estate. In that case, it is highly recommended that you hire a probate administration attorney who can help you navigate the often-complicated issues that accompany probate. Martino Law Offices, LLC, strives for legal excellence and we can help you with your probate issues as well as provide other estate planning legal services.

Do All Estates Have to Go Through Probate?

In Massachusetts, the law specifies that a will must be filed in the county where the decedent resided. The court must establish the legitimacy of the will in addition to ensuring that all of the terms and conditions set forth are upheld. It should be understood that under most circumstances, the probate process is a requirement in Massachusetts. However, the state does allow for several different probate options to make the process easier. Informal probate is the simplest method and generally the fastest procedure in dealing with estates. In order to be able to take advantage of this method, there must be a will. Additionally, supervised administration of the estate must not be necessary. Informal probate is the simplest method, as an order can be issued in a relatively short amount of time.

What Type of Property Does Not Have to Go Through Probate?

The determination as to whether or not an estate needs to be probated can largely depend on exactly how the decedent’s property was titled when they passed away. In some cases, the property may not have to go through the probate process because, by law, it rightfully passes to another individual.

Some common examples include:

  • Property that is held in a trust that was created by the decedent.
  • Any proceeds that stem from a life insurance policy or retirement account that names a beneficiary.
  • Any property that is jointly held that designates a right of survivorship. A right of survivorship basically states that the surviving joint owner is automatically entitled to the property.

In contrast, there are several legal reasons why an estate would need to be probated, which include the following examples:

  • There is a legal need to determine if the will is valid.
  • There is property involved that does not list a beneficiary or a joint owner, such as bank accounts, stocks, bonds, or any other personal property that is solely in the decedent’s name without any right of survivorship.
  • The decedent’s estate needs to pay creditors.
  • To file the decedent’s tax returns and pay taxes.
  • To obtain medical records.

What are the Steps Involved in the Probate Process?

There are several steps that must be followed in the probate process. They are as follows:

Open Probate

This step begins when the estate files a will along with a legal petition to the probate court in the county where the deceased resided. The petition requests that they will be accepted as authentic. It could take several weeks for a court to either approve or deny the will.

If the court approves the will, then the executor is legally authorized to begin probating the estate. Subsequently, notices will be sent to all of the heirs and beneficiaries named in the will. If there is no will, notices must also be sent to any heirs who are eligible to inherit from the deceased.

Notify Creditors and Pay Debts

Any creditors that the decedent may have owed must be notified that they have passed away, which officially begins the probate process. Massachusetts laws stipulate that creditors have up to 12 months to make any claims against the estate in order to obtain payment for a debt. The executor reviews all claims for payment and makes certain to pay the ones that are authentic. If a claim is determined to be illegitimate, creditors have another 12 months in which to file a lawsuit against the estate. The assets of the estate cannot be divided amongst beneficiaries until these lawsuits are concluded. Sometimes, selling assets is necessary to pay for outstanding debts.

File Tax Returns

Both Federal and Massachusetts tax returns must be filed if any income is generated by the estate during the probate process. In addition, any other income that was earned by the deceased in their last year of life is also subject to federal and state tax.

Once the IRS receives the completed tax return, it will then issue what is known as a “closing letter.” When this letter is issued, the executor can then finalize the probate. The entire process can take anywhere from four to twelve months in total.

What Are Common Disputes That Arise During the Probate Process?

When disputes arise, and a resolution cannot be found, probate litigation may become necessary to settle them. A few common disputes tend to lead to probate litigation.

Contested Wills

  • Disputes regarding the validity of the will.
  • Beneficiaries and former beneficiaries may suspect undue influence, forgery, or fraud.
  • The beneficiaries believe the executor has breached their fiduciary duty.

Disputes Among Heirs and Beneficiaries

  • Who is entitled to inherit assets from the estate?
  • How should the property of an estate be divided?
  • Alleged promises made by the deceased prior to their death.

Breach of Fiduciary Duty

  • The executor has mismanaged the estate’s assets.
  • The executor has failed to act in the best interests of the beneficiaries.
  • The executor engaged in self-dealing during the estate administration process.

Probate litigation can delay the probate process, incurring further legal fees and delaying the distribution of assets. When an heir relies on those assets to survive or maintain real estate owned by the decedent, it can have a cascading effect that is financially detrimental. Probate litigation attorneys often offer mediation services to help families communicate and come to a mutually agreed-upon resolution.

What are the Benefits of Hiring a Probate Administration Lawyer?

Dealing with the various legal aspects that surround the probate process can be extremely confusing and difficult to navigate on your own. One of the best steps that you can take is to hire a skilled probate administration lawyer to handle estate assets. This can give you peace of mind and relieve you of the burden of dealing with the probate process.

Unfortunately, wills may not always be complete or clear as to their intent. Frequently, wills contain instructions that present legal challenges and various heirs or beneficiaries can dispute. It is not uncommon for family members to disagree with the contents of the will. When you work with an experienced attorney, your other family members can rest assured that your loved one’s estate administration is in good hands.

Contact the Martino Law Group, LLC of Melrose, MA, by calling (781) 531-8673 to schedule a free consultation with an estate planning attorney. Our firm is happy to discuss all of your rights and legal options, as well as assist clients with their estate planning affairs.

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