Probate

If I was omitted from a will do I have the right to receive a copy of the will? And do I have to sign a paper i won’t contest?

ADDITIONAL INFORMATION: Dad just passed away my aunt who is executor told me I was omitted from will. I don’t trust. Will I still be entitled to original copy or just get a paper saying I will not contest and if I don’t sign what happens? ATTORNEY ANSWER BY MARGARET L. CROSS: Once the personal representative submits the Will to the Probate Court for probate with the petition, all heirs at law are notified that the

What happens if no one wants the responsibility of what the will entails?

ADDITIONAL INFORMATION: I have a family member who passed away and has left in the will that all liquid assets remain apart of the estate and has asked that they be used to establish a foundation for children in another country to pay for education. It’s a noble idea, but also it sounds like it’s going to be a big undertaking. If the names executor has too much on their plate to do it and no

Does a notarized document override an original Will

ADDITIONAL INFORMATION: My father passed away leaving his children as the sole heirs in his will, but I have recently learned that a grandson in the family has greedily manipulated some notarized document claiming ownership of my fathers house and car. My father would have never knowingly signed any document giving him ownership of anything. Does a notarized document override the original Will? ATTORNEY ANSWER BY MARGARET L. CROSS: The will only governs the assets which

Can you charge a fee if you are the administrator or executor in an informal probate?

ADDITIONAL INFORMATION: What would that fee be? ATTORNEY ANSWER BY MARGARET L. CROSS: As Personal Representative, you may charge reasonable fees to the estate. You may charge differently for different tasks. For example, cleaning out the basement would be charged out at a lesser amount than the preparation of the tax return for the estate or the decedent. You will need to keep records on how long you spent on each task. Your fee will be

How do open a checking account if the Insurance Policy checks are made out to the Estate of?

ADDITIONAL INFORMATION: My Fiancé passed away over a year ago. I was Power of Attorney and 100 percent beneficiary of his Trust. He got too sick to transfer everything under the trust. Now I have a pour over will naming me Personal Representative. Giving me full power with no bond. The banks will not accept the will. They are telling me they need a letter stating I have legal rights to the money. I don’t know

MassHealth estate recovery and probate litigation

ADDITIONAL INFORMATION: How much time does Masshealth have to make such a claim? Is there a time limit? Also, it is my understanding that they can only take whatever the decedent owned at the time of death. I assume then, any insurance proceedings and lawsuits proceedings post death are not available to Masshealth right? ATTORNEY ANSWER BY MARGARET L. CROSS: The normal creditor period in Massachusetts is a year from the date of death. However, MassHealth’s

In MA, if Medicaid paid for a deceased hospitalization, do the heirs have to wait until the Estate Recovery fund is paid back?

ADDITIONAL INFORMATION: In MA, if Medicaid paid for a deceased hospitalization which is now in probate, does the administrator/heirs have to wait until the Estate Recovery fund is paid back before collecting any inheritances? ATTORNEY ANSWER BY MARGARET L. CROSS: MassHealth is a creditor of the estate. MassHealth is notified when the probate documents are filed with the probate court and has by statute a right to submit a claim on the estate. Once the claim

Do I inherit my estranged spouse’s estate if no other survivors?

ADDITIONAL INFORMATION: Husband and I have been separated for a couple of years. We have no kids. Husband has now passed away and he has no living heirs or other living relatives. He did not have a will. We had a very amicable separation but we had no property settlement agreement. What is the law in Mass regarding inheritance of a separated spouse? ATTORNEY ANSWER BY MARGARET L. CROSS: Under Massachusetts law, until the divorce decree

I have a will but want to provide for my nieces and nephews, do I need to establish separate trusts for each of them?

ADDITIONAL INFORMATION: All of my nieces and nephews are under the age of 18. I want to be sure that they are the direct beneficiaries. I also want to prevent my drug addicted brother from getting any of the funds. ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: You should establish a trust and fund it during your lifetime. Upon your death, the assets will be held or distributed as you have directed in the trust. The trust

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