Probate Administration |
| When a person dies, all property that does not pass directly to others (such as jointly owned property and life insurance) must be probated. This proceeding takes place under the jurisdiction and supervision of the probate court where the deceased person, who is called the decedent, lived. The purpose of the probate proceeding is to:
How Long does probate take? Final settlement of a decedent's estate through probate can take up to two and a half years, meaning that the decedent's assets and property may be frozen in probate for that length of time. The decedent's family may need these assets to survive, but may have no access to them until the probate estate is settled. If there are any disputes over property or assets, guardianship of minor children, missing property, claims against the estate by creditors, or a whole host of other issues that can crop up when probating an estate, the proceedings can drag on much longer. Probating an estate in Massachusetts is complicated, time consuming and can require multiple court appearances . Lynn has the experience and understanding of the underlying legal issues of probating an estate, from preparation and filing of numerous documents with the probate court, to preserving the assets of the estate throughout the lengthy process of the probate proceedings, as well as making numerous court appearances and preparing the tax returns for the estate. What happens if I die without a Will? If you do not make out a Will, your probate property will be distributed according to the inflexible laws of Massachusetts that govern the distribution of one's property. This further complicates the probate proceedings creating expensive legal fees and delay of assets getting distributed to the rightful heirs. A properly drafted Will, prepared by an experienced and knowledgable attorney like Lynn Morelli can eliminate or lessen court appearances and overall court involvement when your estate goes through probate, directly reducing attorney's fees and court costs. A Will is the only legally valid document by which you can name a guardian to raise your minor children. Without a Will, your minor children become wards of the state until the court approves a guardian, which could be a long time if no one volunteers, or if there are people competing to be the guardians. Is there anything I can do to avoid probate? Yes. You can have Lynn prepare an estate plan that includes a Living Trust. A Living Trust is specifically designed to avoid the control of the probate court. To contact Lynn, telephone (413) 822-9360 or click on the Contact Lynn button on the left and send her an email. |
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