Legal Question in Wills and Trusts in Massachusetts
Making a claim in regard to a probated estate.
My sister died without a will in August of 2005 (suicide) and my father was named as administrator of her estate. The estate was probated and finalized in September 2006. During this time and currently, a friend of my sister--name removed--claims that her artwork and other personal possesions was in my sister--name removed--house. We have tried to locate her belongings and return them but they are not there. So in Spetember 2007, she is asking for payment for lost items potentially in the amount of $10,000. We have tried to work with her, but we have no answers as to where her items are. Does my sister--name removed--friend have a claim ? I'm not sure how to proceed, she wants to be paid, but the estate has been probated. Where do we stand legally? I think that she wants to sue us. Thank you.
3 Answers from Attorneys
Re: Making a claim in regard to a probated estate.
All Claims against an estate must be filed within a year. You entered an inventory for your sister's estate I would assume. If the items were not there, her friend is going to have to prove she put them there and they were not:
1. gifts;
2. never returned;
If they were gifts, then she has no claim.
if she can't prove they were there at the time of her death, then she has other problems.
If your sister's estate does not have $10,000 in it, she can't collect anyway.
I would suggest if you do not have an attorney to get one involved ASAP.
Re: Making a claim in regard to a probated estate.
I'm very sorry for your loss.
The friend must have filed a claim with the Probate Court within one year after your sister's death in order to preserve her claim. Otherwise, she will have a very difficult time trying to collect. In addition, she must be able to prove that the items were at the house at the time your sister died and that she, not your sister, owned them.
I would recommend that you have a lawyer review the situation. I would be happy to assist you. I live in the area and could easily meet with you in Lynn.
Re: Making a claim in regard to a probated estate.
One of the few advantages of Probate, is that it cuts off the right of creditors of the estate unless the creditor presents the claim against the estate in probate within one year.
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