Legal Question in Wills and Trusts in Massachusetts

My dad's house is deeded to his five children. One sibling has since passed away. If the deed is not changed, how long will it go into probate or explain what the probate proceeding consist of?

Thank You,

Lionel


Asked on 12/07/09, 12:09 am

1 Answer from Attorneys

Alexandra Golden Golden Law Center

Generally speaking, it takes a couple of months between the time one files the paperwork at the court and when the court issues a decree appointing someone to run the estate, assuming, of course, that no one objects. However, paperwork is easy. It's knowing what needs to be done and what questions need to be asked and answered that can be tricky, particularly because you want to be sure that you clear the title to the real estate as efficiently as you can.

You don't say whether the deceased sibling left a will or not. If there is no will, state law will dictate who inherits the property interest.You also need to know if the estate was large enough to be subject to Massachusetts or federal estate tax, because real estate cannot be unless any taxes which may be owed are paid and a release is given. Also, are any of the heirs minors? Incapacitated? Did the deceased leave any debts?

In other words, the paperwork isn't that difficult -- it's knowing what questions to ask and how to answer them that's tricky. I've practiced probate law in Needham for over a decade. Please feel free to contact me.

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Answered on 12/12/09, 6:11 am


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