Legal Question in Wills and Trusts in Massachusetts

Can I appoint myself, without a lawyer, to be the representative of my mothers' belongings. She passed first, stepfather recently, he has one son, no will. I only want to go into the home and retrieve her belongings. No papers have been filed in probate yet. She may have an uncollected insurance policy.


Asked on 6/26/14, 11:35 am

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

I'm sorry to hear that you lost both your mother and your step-father recently.

This is not going to be a simple matter. First, your mother's estate needs to be probated and somebody needs to be appointed representative of her estate. A portion of your mother's estate will likely pour into your step-father's estate, which will need to be probated as well. It really matters here whether your mother had a will and what the will directs.

In terms of the uncollected insurance policy, you want to get appointed as quickly as possible to make sure that is dealt with properly. If no beneficiary was named, or if the name beneficiary has passed (your step-father, for example) then her insurance benefit may be paid into her estate.

Our office represents individuals in your situation, and helps them carry out their duties as representative of the estate of a loved one. Please do not hesitate to reach out to our office and ask for Emily Towne McNeil, Esq. Best of luck.

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Answered on 6/26/14, 11:48 am


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