Get a Secure Inheritance Loan, usually within 72 Hrs if you’re an Heir or Beneficiary of an Estate in Massachusetts, in Probate or Trust
If you are currently dealing with, or about to deal with, the Massachusetts state court system with respect to a probate or estate issue – the following information should be helpful to you.
Probate law governs estate matters when someone who, such as a family member or other loved one, passes away. These laws insure that creditors are paid properly and that assets are distributed correctly to the “heirs,” or the descendant(s) of the estate.
What is the purpose of Probate? Probate is the legal process that deals with estate assets and property, with regard to heirs and creditors. Probate begins with a “petition” to open the estate and name a personal representative who is responsible for the administration of the deceased’s property.
The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
Massachusetts Probate Law
Probate in the state of Massachusetts requires that the people managing your estate, and inheritance issues, are well aware of exactly how probate should be conducted, with regard to state probate regulations, deadlines and written executions. One such issue during Massachusetts probate involves payment of debts to the estate of the decedent. The personal representative is obligated by Massachusetts state law to manage these payments.
Likewise, issues revolving around creditors with claims against the estate of the decedent. You must be aware of certain limitations to this particular matter. This can have a material effect on the well being of the decedent’s estate and assets.
Another important issue involves surviving spouses and any children of the decedent that may be entitled. Massachusetts probate law allows to provisions for these parties. Your probate attorney will be in a better position to advise you on these critical estate and inheritance matters.
Massachusetts probate law is particularly concerned with deadlines and legal documents, such as petitions or orders – how they are written and executed, often under strict time-frame and deadline limitations. As for deadlines – one good example is public notice. The executor or administrator of an estate entering into probate in Massachusetts in must make public notice of the event within 6 months of the death of the decedent. After 6 months, you can pay the creditors to satisfy any of the estate’s debts and resolve claimants’ cases. If there is any doubt of the validity of any of any of the debts levied against the estate, the administrator or executor may have to present the issue to the probate court and act accordingly with the decision that the court hands down.
Your probate lawyer would be able to explain issues such as limitations of actions by creditors against the estate, with respect to the fact that certain limitations can stop creditors from going after a claim. If the claims are not presented in complete compliance with Massachusetts probate law, they can be declined. Creditors can resubmit claims despite these limitations, however eventual success of their claim is much less likely.
In Massachusetts, the surviving spouse gets a share of the estate, as part of his or her inheritance, as stipulated by the will and the probate court. If no issues exist, relative to the estate and/or the various assets, the spouse should receive the whole of the estate.
Probate matters can be very complex and difficult to follow for the ordinary heir or beneficiary. Hiring a probate lawyer who is familiar with Massachusetts probate law will be invaluable to you. Your probate attorney should, in fact, be there through the entire probate process to insure the inheritance process is being handled properly. We do not advise going through Massachusetts probate alone!
Massachusetts Probate Resources
Massachusetts has 14 divisions of probate and family courts with 51 justices. The courts have jurisdiction over estate, support/custody, adoption, divorces, paternity, domestic violence & miscellaneous civil cases. The court doesn’t permit trial by jury. Massachusetts state has a separate juvenile court, which does permit jury trials.