Probate in Massachusetts | MA Legal Resources | FastCounsel

Can I Seek Reimbursement from the Estate for Paying the Funeral Bill in Massachusetts?

Detailed Answer Under Massachusetts law, you can seek reimbursement from the decedent’s estate for funeral expenses you paid as an administrative expense of estate administration. The Massachusetts Uniform Probate Code defines and prioritizes funeral expenses under M.G.L. c.190B §3-803. Who Qualifies for Funeral Expense Reimbursement? Massachusetts law allows a person who actually paid for the […]

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How can the administrator in Massachusetts verify that payment fully satisfied the outstanding vehicle loan?

Detailed Answer When administering an estate in Massachusetts, an administrator must ensure that any outstanding vehicle loan is fully satisfied before transferring or distributing the vehicle. Follow these steps to verify complete payment: 1. Obtain a Payoff Statement from the Lender Contact the lender and request a formal payoff statement. This document lists the exact […]

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How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim in Massachusetts?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Massachusetts law, a surviving spouse may claim a family allowance from the decedent’s estate to cover basic living expenses during probate. This right is codified at M.G.L. c.190, §2. The statute requires proof of a valid marriage at […]

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How Can an Individual Obtain Appointment as Estate Administrator When a Higher-Priority Heir Exists in Massachusetts?

Detailed Answer Under Massachusetts law, the Probate Court appoints an estate administrator (personal representative) according to a specific order of priority. The priority list appears in M.G.L. c. 190B, §3-201. First in line is a surviving spouse, followed by children, grandchildren, parents, siblings and so on. If a higher-priority heir is unwilling, unable or disqualified, […]

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What is the process and timeline for applying to become the personal representative of an estate in Massachusetts?

Detailed Answer Understanding Personal Representatives Under Massachusetts Law In Massachusetts, a personal representative manages and distributes a decedent’s estate. If the decedent left a valid will, the named executor serves; otherwise, the court appoints an administrator. See M.G.L. c.190B §3-201. Step 1: Confirm Eligibility and Priority Massachusetts law sets rules on who qualifies. Generally, the […]

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How Can a Guardian or Guardian ad Litem Be Appointed to Manage a Minor’s Interest in an Estate Under Massachusetts Law?

Appointment of Guardian or Guardian ad Litem for a Minor’s Estate Interest in Massachusetts Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation. Detailed Answer Under Massachusetts law, a guardian of a minor’s property oversees and protects a minor’s assets, including […]

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What steps protect a minor’s inheritance when the decedent did not leave a will in MA?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Massachusetts for guidance specific to your situation. Detailed Answer When someone dies without a will in Massachusetts, the estate passes through intestate succession under Massachusetts General Laws Chapter 190B. According to MGL c. 190B, §2-102, property […]

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What mechanisms ensure the administrator complies with estate duties and bond requirements under Massachusetts law?

Detailed Answer In Massachusetts, a personal representative (often called an administrator if there is no will) must follow strict procedures to protect estate assets and ensure fair distribution. The Probate and Family Court oversees these duties, enforcing bond requirements, inventory filings, and periodic accountings. Below is an overview of the key mechanisms that enforce compliance […]

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Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in MA?

Disclaimer This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer Under Massachusetts law, a personal representative—often called an executor or administrator—may seek compensation for managing and distributing estate assets, including sale proceeds. The relevant statute provides for statutory […]

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What steps are required to locate, inventory, and distribute estate assets and settle debts in Massachusetts?

Disclaimer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer Under Massachusetts law, a personal representative (also known as an executor or administrator) must follow a series of steps to locate estate assets, prepare an inventory, pay […]

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