A Massachusetts power of attorney should be created as soon as possible if you do not already have a power of attorney in place. A power of attorney is an important part of your incapacity plan. Because life is uncertain and you never know when something could happen to you, it is always a good idea to make sure you’ve planned ahead for incapacity.
Following a person’s death, legal matters must be handled with the probate court. The proper court paperwork must be filed with the correct court. This includes filing the last will and testament which the deceased person left behind so that the will can be probated.
You need to know how probate works, what is involved in filing with the probate court, and who is in charge of filing the will.
An experienced Worcester probate lawyer can provide you with help during all of the steps of the probate process. Give us a call to find out more about how we can assist with filing the will and taking care of the other essential steps involved in the probate process.
Massachusetts homestead law recognizes that your home is a special type of possession which is different from other property. As a result, your home may be protected even in circumstances where other assets may need to be sold. This can impact your ability to qualify for Medicaid benefits.
Massachusetts homestead law, and the protections which the law provides, can be complicated. It is important that you understand what your rights and obligations are and that you do what you need to in order to protect your home.
The Law Offices of James A. Miller, P.C. can provide you with assistance in understanding what the Homestead Act means for you.
The probate process Massachusetts involves taking different steps to resolve the issues that arise when someone has died. The specifics of what is involved will depend upon different factors, including whether the deceased left behind a will and the amount of assets transferring through probate. However, no matter what the probate process entails, those who are in charge of probate and those who stand to inherit need to know their legal rights.
The Law Offices of James A. Miller, P.C. provides legal representation during probate. We represent the executors or personal representatives who are in charge of filing paperwork to move through the probate process. We also represent beneficiaries and heirs to ensure their rights are protected and that they get the inheritance they should be entitled to receive. To find out more about the ways in which we can assist you, give us a call today to talk with a probate process Massachusetts lawyer.
What is Involved in the Probate Process Massachusetts?
The Administrative Office of the Probate and Family Court in Massachusetts has published a guide on estate administration procedure which explains what happens during probate.
During the probate process:
- Pleadings have to be filed with the court. A filing fee must be paid. The fee totals $405.00 inclusive of a docket fee and citation fee for formal probate. For informal probate, the fee as of 2016 is $390 according to the Massachusetts court system.
- A personal representative or executor is appointed. It is the job of the executor or personal representative to oversee the probate process. If the deceased named an executor in his will, that person will usually be in charge of the process, unless there is some problem like the executor choosing not to fulfill this role.
- Relatives and potential heirs and beneficiaries are notified of the death.
- Creditors are provided with notice of the death and given the chance to come forward with claims against the estate.
- An executor or personal representative makes an accounting of the deceased person’s assets. The value of assets must be calculated for purposes of probating the will and determining if estate taxes are due.
- Taxes, if required, are filed and paid.
- The validity of the will is determined.
- The formal asset transfer process takes place. This can sometimes include changing the title or deed of real property.
Depending upon the situation, there may also be additional steps taken by executors or personal representatives. It is the executor or personal representative who is in charge of managing and caring for the deceased person’s assets until the Massachusetts probate process is complete and the property transfers on to new owners.
How Can a Probate Lawyer Help with the Process
Executors and personal representatives have the most substantial responsibilities during probate and need to know exactly what their obligations are regarding filing with the court, providing required notice, and caring for the assets of the deceased. As a result, those who fulfill these responsibilities should get help from an experienced attorney throughout the entirety of the Massachusetts probate process.
Those who are going to inherit money may also wish to get legal help to make certain the executor is doing his job properly and their inheritances are protected. If you are going to be receiving a gift from the person who has passed away, an experienced attorney can help you to make sure that you understand the probate process and that your rights are respected throughout it.
Finally, you may wish to consider seeking legal advice if you believe that the will which is being probated is not actually a legally valid will. You can contest the will and try to convince the court not to probate it, but you need to make very good legal arguments if you hope to be successful. An experienced attorney can help you to understand how will contests work and can help you try to make a successful argument to contest the will.
Contact a Massachusetts Probate Process Lawyer Today
Whatever your role in the probate process Massachusetts, you do not want to have to go through the process alone. You need an experienced legal advocate on your side who can provide you with comprehensive advice and who can assist you with taking the necessary steps to protect an inheritance and honor the wishes of the person who passed away.
To find out more about probate, join us for a free seminar . You can also give us a call at 508-799-8885 or contact us online to speak with an experienced probate lawyer who can help you to understand all that the probate process will entail.
Massachusetts estate tax has to be paid on certain estates after the owner of property and assets has passed away. In addition to estate taxes assessed by the state of Massachusetts, taxes may also need to be paid to the federal government as well after a death. Estate tax obligations can significantly reduce the value of an inheritance, and can affect the legacy which a deceased person leaves behind.
Massachusetts probate is a process by which assets transfer to new owners after a death. The process involves going to probate court, and it can be a complicated one. It is largely overseen by an executor, who is named in the deceased person’s will.
If you have been named the executor of an estate, you need to be aware of what your responsibilities are and of how the probate process works. A Massachusetts probate lawyer can provide you with assistance about the probate process and can explain the key things you need to be aware of.
The Law Offices of James A. Miller, P.C. has a long track record of representing executors during the probate process. We make it easy for you to fulfill your responsibilities and to honor the memory of the deceased by ensuring that his or her wishes are respected. Give us a call as soon as you discover that you have been named the executor in someone’s will so you can find out more about what your options are.
Estate preservation is important to people of all ages, but it can become an especially pressing issue for senior citizens. Your estate is made up of all that you own, and preserving the value of your property and assets is essential to building a strong legacy. We can help.
The federal agency quietly changed the procedure needed to receive a tax closing letter.
The Internal Revenue Service (IRS) made an unannounced change to their Frequently Asked Questions page on the Estate Taxes portion of their website. The change impacts the procedure used for closing letters received after filing a Form 706 Estate (and Generation-Skipping Transfer Tax) Return. An article on WealthManagement.com, a news source designed to provide wealth professionals with updates on financial planning strategies, notes that the change was significant and that the agency made the change quietly.
Burlington elder law lawyers can help with the creation of a power of attorney as a part of an incapacity plan. A power of attorney is one of the most important legal documents that you can create in order to protect yourself and in order to protect the people that you love from being put into a difficult situation if something happens to you. When you make a power of attorney, you give authority to someone who will act as your agent and who has a fiduciary duty to act on your behalf. That person can take control if you cannot manage your own affairs because of an illness or an injury.
Massachusetts Medicaid eligibility is determined by many different factors, including your income relative to the federal poverty level for a family of your size. One of the most important criteria for determining whether or not someone can qualify for Medicaid coverage is the amount of assets that person has.
For far too many seniors who are dependent upon Medicaid to pay for the costs of their nursing home care (since Medicare and most other insurers typically won’t pay), the asset limit creates big problems. Seniors usually save money and acquire property over the course of their lifetimes, and they want to leave this property to their loved ones. Unfortunately, this means they have too many assets to qualify for Medicaid. Many seniors end up having to spend down those assets until they drop below Medicaid eligibility limits before Medicaid will finally start to pay for the nursing home services they need.