Legal Question in Wills and Trusts in Massachusetts

My Mother passed away last week and I am the executor of her estate. She left us with money in a joint account with her and my brother's name Roughly $77K which we are to distribute equally amonst her surviving children. Since there are no other assest, do I have to file her will with the Probabe Court in the State of Massachusetts?


Asked on 1/06/11, 10:46 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

I am so sorry for your loss.

You have an obligation to probate the will of a deceased within 30 days of death. If there are little or no other assets, there may simply be nothing to probate. However, in my experience, you are better off opening probate on your mother's estate (even if that is a 'simple' or 'small estate' administration).

Without your appointment as executrix, you may find you are unable to adequately deal with your mother's estate. We can offer as much, or as little, representation as you require given the circumstances.

Please feel free to contact us for more information.

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Answered on 1/11/11, 10:57 am

Please accept my condolences.

You have an obligation to probate the Will. Likewise if you need to handle certain things on behalf of your mother you will need to be appointed as Personal Representative or Executrix.

If you need assistance, please feel free to contact me without obligation.

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Answered on 1/11/11, 11:20 am


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