Legal Question in Wills and Trusts in Massachusetts

how do you avoid probate court after a death of a parent?


Asked on 10/01/11, 7:08 pm

2 Answers from Attorneys

If your parent is deceased there is no way to avoid probate if there are assets that require a court order to transfer, including bank accounts, brokerage accounts and real estate. If your parent is not deceased, then contact an attorney to set-up an estate plan for your parent.

If you want assistance please feel free to contact me.

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Answered on 10/01/11, 7:51 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree with the previous attorney that it makes a difference whether the parent you are referring to is alive or has already passed. If your parent has already passed, only the court appointed representative of the estate can transfer and deal with the deceased's solely owned property and accounts.

As was already said, if your parent is still alive, have him or her sit down with an estate planning attorney who can review your parent's situation and develop an estate planning strategy with his or her goals in mind. I notice that you are located in or around Brighton. Feel free to contact our office at 617-357-4898 to schedule an appointment.

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Answered on 10/03/11, 5:36 am


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