Detailed Answer
When a creditor submits a settlement demand to an executor (personal representative) in Massachusetts, you must compile comprehensive documentation to verify the estate’s assets and address the claim under Massachusetts General Laws (M.G.L.) Chapter 190B (Uniform Probate Code). Gathering accurate records helps you evaluate the creditor’s demand, meet statutory deadlines, and protect estate interests.
1. Letters Testamentary or Letters of Administration
Obtain certified copies of your Letters Testamentary or Letters of Administration from the Probate and Family Court. These documents formally authorize you to act on behalf of the estate.
2. Death Certificate and Will
Secure a certified death certificate from the city or town clerk. Include the decedent’s original will or a court-certified copy to confirm beneficiaries and the executor’s appointment.
3. Estate Inventory and Account
File an inventory and account of the estate within three months of appointment, as required by M.G.L. c.190B § 3-705. This schedule must list all assets, their values, and known liabilities.
4. Creditor’s Proof of Claim
Request the creditor’s written proof of claim under M.G.L. c.190B § 3-801. This typically includes an affidavit or claim form stating the nature and amount of the debt.
5. Supporting Debt Documentation
- Original contracts, promissory notes, or credit agreements.
- Billing statements, invoices, or credit-card statements showing balances.
- Loan documents, security agreements, mortgages, or vehicle titles used as collateral.
- Correspondence, emails, or payment history demonstrating negotiation or partial payments.
6. Asset Records
- Bank and investment account statements.
- Real estate deeds and recent appraisals.
- Vehicle titles, retirement account statements, and life insurance policies.
7. Tax Returns and Liens
- Federal and Massachusetts income-tax returns for the decedent’s final year.
- IRS and Massachusetts Department of Revenue lien notices against the estate.
8. Court Filings and Deadlines
Note the six-month deadline for presenting claims per M.G.L. c.190B § 3-803. Late or deficient claims may be barred. Maintain copies of all documents filed with the Probate and Family Court.
9. Review and Response
Compare the creditor’s claim to your inventory and the estate’s assets. Identify any discrepancies in amount or basis of the debt. If you dispute the claim, prepare a written objection for filing with the court and serve the creditor. If the claim is valid, negotiate a settlement or approve payment from the estate.
Disclaimer: This article provides general information about Massachusetts probate procedures. It does not constitute legal advice. Consult a licensed Massachusetts attorney for guidance on your specific situation.
Helpful Hints
- Keep organized digital and paper copies of every document.
- Mark all statutory deadlines in your calendar immediately.
- Communicate with creditors in writing to create a clear paper trail.
- Use the MassCourts Electronic Case Access system to track filings.
- Consider informal mediation before formal objections to save time and costs.