Legal Question in Wills and Trusts in Massachusetts
My mother in law was a NJ resident for most of her life. But for her remaining last years, she lived near my sister in law, in an assisted living facility in MA.
We need to file for a small estate affidavit in NJ, as my husband (the executor) lives in NJ and all financial accounts are here in NJ.
My NJ surrogate office says we need to get something in writing from MA, stating that there is no probate started in that state. MA says they don't do that and have never heard of such a thing.
They tell us we can go online to see if there's any probate on the estate, but NJ will not accept a web search. They want something in writing.
Is there anything we can do, short of hiring an attorney, for what should be something quite simple?
1 Answer from Attorneys
The only thing I can think of is to file an affidavit by your husband and his sister stating that no Estate has been open in MA.
If your motehr-in-law died in MA, you may need to file an informal small estate in Massachusetts. Your husband would still be the Personal Representative. A letter of Authority would issue here and then you might have to file in NJ as well.
I suggest you contact a NJ attorney for assistance. However, if the NJ Court will not accept an affidavit from the Personal Rep and the other heir, I see no alternative but to open an estate in MA and hope the Banks will accept the letters of authority without having you file in NJ.
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