Legal Question in Wills and Trusts in Massachusetts

Brother Passing

My brother recently passed. His estate has a negative value. Is anyone obligated to deal with any of this or are his creditors left to their own devices. Is anyone responsible to file his final taxes next year?


Asked on 6/19/09, 9:46 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Brother Passing

Please accept my condolences for the loss of your brother.

If there are no assets, automobiles, real estate, or other property, then there may not be much point in probating your brother's estate. You are free to do so, if you would simply like to wrap up his affairs in an orderly manner.

The creditors may make a claim against the estate within one year of your brother's death. If no estate has been probated, your brother's creditors have the right to probate the estate themselves.

If you would like to retain an attorney to answer any limited questions you may have during this process, don't hesitate to contact my office.

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Answered on 6/21/09, 6:59 pm


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