Legal Question in Wills and Trusts in Massachusetts

Re: Voluntary Executor

First of all, I am sorry for your family's loss.

I think your wife's aunt may have deeded her real estate to a trust in 2000 (as opposed to a "life estate").

If that is the case, you are correct in thinking that the house will be considered non-probate property for the puruposes of estate administration.

Was your wife appointed as executor in her aunt's will?

The law provides for the administration of small estates where the deceased leaves a will appointing an executor and the estate is valued at less than $15,000 (excluding any automobiles)(G.L. c.195 sec.16A).

Please feel free to contact me if I can be of any assistance in either probating your wife's aunt's will or in the informal administration of her estate. My rates are very reasonable. Best of luck.

Re: Voluntary Executor

Real estate deeded to a life estate pass outside of probate.

The voluntary executor statute is pretty black-and-white. (It's also quite outdated, as many other states' voluntary probate statutes have limits of as high as $75,000.) The estate will have to go through a standard probate, with the additional costs.

Please feel free to contact me if I can be of assistance.