Legal Question in Wills and Trusts in Massachusetts

My dad recently passed away. The three heirs are myself, my sister and brother. We live in Boston. His will appointed my sister administratrix. He has a property in Mass. which we are not selling and a property in Nevada which we do wish to sell. The only thing we've done in Mass. is to file papers to officially appoint my sis and put an ad in the paper to see if anyone objected. We will be hiring an atty in Nevada only to handle getting the house out there in our names, but some Nevada lawyers are saying we still need to send notice to creditors, file inventories, do accountings, etc. here in Mass. We're trying to avoid hiring a Mass. attorney also, since we're not doing anything with his property here. Is there anything else we need to do in Mass.?


Asked on 10/09/09, 8:59 pm

3 Answers from Attorneys

There are a number of things you need to do. You will have to file an inventory and final accounting. You do have to notify the state in case there are claims by medicaid or Mass Health and you should contact creditors, if any as well.

This is the duty of the Executrix (if you are probating a Will) or Administrax. The court will require an inventory and accounting once your sister is officially appointed.There will be a timetable for filing these things.

Please feel free to contact me if you have additional questions.

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Answered on 10/14/09, 9:08 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

He is correct. The probate is wheree the person was a resident, with any subsidary actions elsewhere. Mass Court have jurisdiction.

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Answered on 10/14/09, 9:16 pm
Joseph Murray Joseph M. Murray, Esq.

My condolences on the loss of your Father. You will need to probate his estate in Massachusetts with an ancillary administration in Nevada. Good Luck!

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Answered on 10/15/09, 12:49 pm


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