Legal Question in Wills and Trusts in Massachusetts
probate a loan?
I am probabting my Dad's will. All he had was a used car and one stock worth $5,000. But a cousin owed him $8,000. She says she wants to pay my sisiters and I what she owed him. Do we need to probate this and make her pay his estate? Or can she make it a personal loan to us?
2 Answers from Attorneys
Re: probate a loan?
Because the size of the estate is under $15,000, you can file a voluntary administration form at the probate court in the county where your father died. Once you are appointed, your cousin can pay the estate and you, as voluntary administrator, can distribute the funds to your father's heirs. If your mother is still alive, and was married to your father at the time of his death, she is entitled to 1/2 of the estate, and his children are entitled to share the other 1/2 equally. If any child(ren) died before your father, that person's child(ren) if any, would get his/her share.
If you have any more questions, I would be happy to help you.
Re: probate a loan?
Yes, a debt owed to your father is part of his estate and passes according to the terms of the will. Because the size of the estate is less than $15,000 (excluding the car), you still have a voluntary probate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
