Legal Question in Wills and Trusts in Massachusetts

Re: death of a child

If your son was a Massachusetts resident, and at 19 he died without a will (intestate) and with no children, his parents, under Massachusetts inheritence law would be next in line to receive his estate. There is a process in Massachusetts that allows for a "voluntary administration" of a small estate. It is less complicated then a full probate proceeding, but it is still a court process. This process will allow you to access the bank account. As a voluntary administrator you do not become liable for the debts of the decedent. You may be elligible for this process based on the amount of money in the account along with some other factors.

I would suggest that you have an attorney help you with the process, but your local Probate Court should be able to provide you with information on the process.

Re: death of a child

My condolences upon the loss of your child. No loss of a family member is easy , but the loss of someone so young is that much harder.

As the other response indicated, if the amount is less than $15,000, you can use a process called Voluntary Administration, which is a simplified probate requiring one form. The court can assist you in completing the form, although they will not provide legal advice.

You would only be responsible to the extent of the funds in his estate for any debt. That is, you would first have to pay whatever debts existed, in order of priority (starting with funeral expenses and administration expenses but without a fee for your services, and then other creditors in accordance with the law).

If, after paying any debts of your son, there was money left over, you could then receive the balance (parents sharing equally).

If you do nothing, after the passage of time, the money will escheat as abandoned property to the Commonwealth or State of Maine, as the case may be. You may have a second opportunity at that point to recover it.

Re: death of a child

Please accept my deepest sympathy on your loss.

You may be appointed administrator of your son's "estate" through the probate court of the county where your son lived. In this case, although he went to college in Maine, he would likely still be considered to be domiciled in Mass.

As administrator, you would be responsible to accumulate whatever assets he had, including any bank accounts, and then pay whatever debts he owed. You would not be personally liable for his debts, but would be required to pay the debts only from his assets. If his assets are insufficient to cover his debts, there is a law that outlines how the debts are to be paid. If his assets are more than his debts, assuming he had no children of his own, his parents would be entitled to receive the balance.

Please let me know if I can assist you with this. We have an office in Andover.