Massachusetts — Can I Challenge a Sibling’s Use of My Deceased Parent’s Bank Account Before an Administrator Is Appointed?
Detailed Answer Short answer: Possibly — but it depends on who legally owns the account, whether the account has survivorship or payable-on-death designations, and whether your sibling has legal authority (letters from the Probate Court). In Massachusetts, estate assets are generally controlled by the decedent’s personal representative (administrator or executor). If your sibling is withdrawing […]
Read article →Massachusetts: Getting Sentimental Items Back from a Sibling During Probate
Can you make a sibling return sentimental personal items during probate? Short answer: Possibly — but it depends on who legally owns the items, whether the estate has a will, and whether the items are already part of the probate estate. In Massachusetts you generally must go through the probate process (or the criminal or […]
Read article →Massachusetts Probate: When an Administrator Must Post a Bond and How Waivers Work
Probate Bonds for Administrators in Massachusetts: When the Court Requires One and How a Waiver Works Detailed Answer In Massachusetts, a personal representative appointed to administer an intestate estate (an estate where the decedent left no will) will usually be required to provide a probate bond (also called a fiduciary bond or surety bond) unless […]
Read article →Massachusetts: Enforcing or Disputing an Oral Agreement Dividing Wrongful-Death Proceeds
How to enforce or challenge an oral pact dividing damages from a decedent’s tort claim under Massachusetts law This FAQ-style guide explains practical steps, legal rules, timelines, and likely outcomes when people claim there was an oral agreement to split money recovered from a deceased person’s tort claim in Massachusetts. It assumes no prior legal […]
Read article →How to Apply to Serve as Administrator of a Parent's Estate in Massachusetts (Died Without a Will)
Serving as Administrator of an Intestate Estate in Massachusetts: Step-by-Step FAQ Short answer: If your mother died without a will in Massachusetts, you can ask the Probate and Family Court in the county where she lived to appoint you as the personal representative (often called the administrator). The court will review a petition, verify heirship, […]
Read article →Selling an Estate House in Massachusetts When a Co-Administrator Refuses to Sign
How to get an estate house sold when a co-administrator won't sign — Massachusetts FAQ If an estate-owned house faces foreclosure and one co-administrator refuses to sign sale paperwork, the probate court can resolve the deadlock and authorize action to protect the estate. Below is a clear, practical walkthrough of how this typically works in […]
Read article →Massachusetts: Getting Court Approval to Release Estate Funds During a Distribution Dispute
Detailed Answer If the estate’s money is disputed and the personal representative (executor) cannot safely distribute funds, the Probate and Family Court in Massachusetts is the place to get official instructions and court approval. The court can authorize interim or final distributions, order funds deposited with the court’s registry, resolve disputes about who gets what, […]
Read article →Probating a Withheld Original Will in Massachusetts
Probate options if an heir withholds an original will in Massachusetts Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Massachusetts probate concepts and common steps people take when someone refuses to surrender an original will. For advice tailored to your situation, consult a Massachusetts probate attorney or […]
Read article →Massachusetts: Does Proceeds from a Sold Parents' Home Get Distributed Under Dad's Will?
Short answer If the house is sold and the net sale proceeds are part of your father’s probate estate (that is, the house belonged to him in a way that does not automatically pass to someone else), then after valid debts, taxes, administration costs, and any statutory allowances are paid, any remaining money is distributed […]
Read article →Massachusetts: Reimbursing Yourself from an Estate for Paying a Vehicle Lien
Answering a Common Probate Question: Reimbursing Yourself for Paying a Decedent’s Vehicle Lien in Massachusetts Detailed Answer This section explains what generally happens in Massachusetts when someone uses their own money to pay a decedent’s vehicle lien and wants to be repaid from the estate. Who may get paid back? In Massachusetts, the estate pays […]
Read article →