Legal Question in Wills and Trusts in Massachusetts
Will TimeFrame
Someone recently told me that if no action has been taken within one year with regard to the wishes stipulated in someone's will, that will now goes into ''probate'', whatever this means. How long does one have to exercise the instructions in a will? Hope this is clear!
Thanks so much. This website has been very valuable and very prompt.
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2 Answers from Attorneys
Re: Will TimeFrame
Probate is the process whereby assets are transferred from a deceased person to another, in accordance with the will or, in the absence of a will, the laws of intestacy. I believe someone has given you inorrect advice. I recommend you consult with an attorney if you have questions concening probate and your legal obligations under a will.
Re: Will TimeFrame
Someone has given you incorrect information. The probate process is used whenever a decedent owned property in his or her own name. If the decedent left a will then the will is used to determine who will inherit. If the decedent left no will then the laws of intestacy are applied.
In both cases the probate process is the essential means by which the property is passed from the decedent to those who inherit.
The best way to obtain advice on how to manage the probate process is to consult with an attorney.
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