Legal Question in Wills and Trusts in Massachusetts

Waiting Period

After parents' death,what is the required legal waiting period before an estate can be

settled and during which claims can be made against it?

Thank You.


Asked on 10/11/06, 9:39 am

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Waiting Period

I assume a petition to probate has been filed, and either a temporary or permanent executor has been ordered by the court.

Typically or as a general rule, the estate should be kept open for 1 year. This is the time span where creditor can make claims or file suits against the estate.

If you have any specific questions, please contact me.

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Answered on 10/11/06, 10:07 am

Re: Waiting Period

Typically an estate is kept open 1 year for claims to be made. The estate should be opened 30 days after the death of an individual.

The type of estate depends upon the assets not already in a Trust and the assets held outside of a trust or that are subject to probate.

Please feel free to contact me if you have more questions.

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Answered on 10/11/06, 11:38 am


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