Legal Question in Wills and Trusts in Massachusetts

In Massachusetts, is there a minimum time from when a person dies until disbursement of assets. I heard you had to wait at least a year.


Asked on 9/05/15, 8:35 am

2 Answers from Attorneys

generally it is a year unless there is sufficient assets to cover any potential Clas or creditors obligations. if the personal representative believes there is more than sufficient assets to satisfy claims then he or she may make a distribution but dies so at his own risk.

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Answered on 9/05/15, 10:46 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

The idea is that after one year, the statutory period has run on creditor claims and the personal representative will then know how much money in the estate may be distributed. If the personal representative feels that there are more than sufficient assets to cover all taxes, liabilities, creditors, etc., then he or she may decide to make a partial distribution in advance. However, the personal representative will be personally liable for any money that was distributed out of the estate in error.

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Answered on 9/06/15, 5:44 am


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