Legal Question in Wills and Trusts in Massachusetts
sudden death, no will
My father passed away suddenly in June'07 without a will, he had two vehicles, one registered in only his name but paid for by refinancing his principle residence, which is jointly held with my mother do we need to go through probate? Fair market value may be around 15-20K. He had no other valuable assets.
3 Answers from Attorneys
Re: sudden death, no will
Yes you will have to go through the probate process. Since your father did not have a will, you need to probate his estate and the court will decide who should get possession of his assets.
According to the intestacy laws, it will most likely all go tohis wife.
Re: sudden death, no will
There is a special form in the RMV that allows the car to be transfered to a family member. you can get the form on line.
Re: sudden death, no will
First of all, please accept my condolences on the death of your Father.
Yes, Probate will be necessary. But if your assessment of the fair market value of the assets owned solely in his name is correct and that value is less than $15,000, it may be possible to file an abbrieviated version of probate called a Voluntary Administration that is much less costly both in time and fees.
Good Luck!
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