Legal Question in Wills and Trusts in Massachusetts
Probate requirements in Massachusetts
My 89 year old mother passed away recently and left a will dividing her assets among her children equally. She also left joint bank accounts with her children along with a small amount of insurance (total of all is less than $15,000). Her funeral was prepaid. What requirements do the co-executors have for filing in probate court? None of her children nor the co-executors (2 children) live within Massachusetts. If there is something to be filed, whom do we contact to do so?
1 Answer from Attorneys
Re: Probate requirements in Massachusetts
I'm sorry for your loss.
Whom do you contact? ME! I have all the forms
and the know-how and I'm good and ... cheap!
The co-executors must open a probate file; I can
do that for them if you like. They will need to have
some representative for them within Massachusetts and
I think that the person has to be a lawyer, though I'm
not certain on that point.
It's wierd but the will is supposed to be filed within
30 days (with no penalty if it isn't!) and then the probate
has to be filed after 30 days. There's an affidavit that
I fill in for you. If done right, we can avoid some
of the usual requirements: 'publication' (printing a
notice in a newspaper to invite creditors to file
claims), and we should also be able to skip the
routine of posting bond (buying a bond of surety
from an insurance agent) for the executors'
performance of their duties.
Are you one of the two co-executors named in the
will? (I hope!)
Off the top of my head, what I would need: the original
will, the name(s) of insurance company(ies) and the
policy number(s), the hospital or street address where
she died, her home address (her residence)
at the time she died, the names AND addresses of every
living child and grandchild, her social security number, her date and
place of birth, her middle name, her parent's full names, and
her husband's name, and last address.
I assume she had no real estate anywhere in the world, no art or expensive
jewelry collections or the like, and no automobiles.
Was she getting Medicare lately? I assume she was not a
beneficiary of any trust just before dying.
I assume she hadn't moved from another
state recently, too. I assume she was a U.S. citizen and
your father was also.
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