do you know how long this process takes i cannot afford a lawyer
Length of time entirely depends on what form of probate you need - determined by size and nature of the assets, level of agreement of the parties and numerous other factors. If the estate is small, and you can get away with a Voluntary Administration, I think Middlesex right now is turning them around in a matter of a couple of weeks. If it is a full probate, then it will generally take a couple of months before you are appointed.See question
i need to sell my dead sisters car and am not sure how to do this. she had no will so i am trying to handle this on my own i live in lowell,ma
In order to get title to your sister's car you need to be appointed administrator. One option to be appointed administrator is to be named Voluntary Administrator, provided the estate is small. You can find a Statement of Voluntary Administrator on the Middlesex Probate Court website (look on this link http://www.middlesexprobate.com/Departments/Probate.htm). A propely filed statement will result in the court giving you papers showing your appiontment. You would bring these to the registry to change the title to your sister's car. Best of luck.See question
mid 50's Granparents want to create a trust for their very young grandkids' future college education
You can create a trust either under a will or as a separate document. Which one to use and how to structure the trust depends on the grandparent's wishes. You should speak to an estate planning attorney who will ascertain your goals and advise of the options for creating the trust in the most efficient and effective manner.See question
That is suing this estate.
Typically, no. There would be a conflict. The heir should get independent counsel. What constitutes counseling the heir is an open question, however.See question
An appeal of a final Probate decree is generally taken to the Superior Court. The procedural requirments are technical. A link to the statute is below. You should seek assistance from a lawyer.
only have one daughter, own my house, am widowed
As the other attorneys on this post have indicated, there are formalities that give a will full force and effect. However, you should talk to an attorney to see if a will is even necessary in your case. There are otehr ways to pass property to your daughter than a will.See question
Are there any penalties or other consequences for filing a gift tax return late for gifts over the annual exclusion? No tax is owed since gifts are under the exemption amount.
Generally, no. Penalties are calculated based on the tax due. If you are over the annual exlcusion you will start to eat up some of your federal gift tax exmption. This year $5.340,000, last year 5,250,000. Unless you gave away more than your gift tax exemption, there is no tax due so nothing to calculate penalties on. Coule concerns - you won't start the statute of limitations running until you file, which may or may not be important for you. And if you were requried to make certain elections on a timely filed gift tax return, you will have lost the opportunity to do that. These exaples generally apply if you are making a complicated gift, in which case you have, or should have, a lawyer guiding you. Note, Mass does not have a gift tax, so no filings are necessary on the state level, assuming you, the Mass resident, are making the gift.See question
If you are looking for the advantages of holding real estate in a revocable living trust, see the answers provided by the other attorneys. Howevr you are asking about a "Realty Trust", and you might be referrinto the particular Massachusetts animal called a "Massachusetts Realty Trust" also called a "Massachusetts Nominee Trust." If this is the vehicle you are asking about, the advantages include a small degree of additional privacy. These are not true trusts, but rather are an agency relationship. They used to be very helpful but are generally obsolete, save a few instances where they still make sense. You should talk to a lawyer to get the best analysis of how to hold your property.See question
was left home in will paying double rent now to executor is this null and void since the house belongs to me
Ms. Golden is correct. What the will states will define your rights and obligations. However, if you in fact own a life estate in the property, you would generally have the right to live in the house and if it generates income would be entitled to that income. You would also have the obligation to pay the ongoing expenses and to keep the property in good condition for the remaindermen. Perhaps you should ask an attorney to review the terms of the will with you so that you can communicate your position to the executor.See question
My father in-law passed away early this year. Before he died he made a point of telling me he left me a surprise in his will. Obviously I am curious but my mother in-law refuses to let me see it or tell me the lawyers name. How do I get a copy of ...
If you are named in the will then you have a right to see it. If it is submitted for probate and you are named in it, you will receive notice. Regardless of whether it is sumbitted for probate, anyone in posession of a decedent's will is required to file it with the probate court. So you should check the probate court in the County in which your father-in-law resided at the time of his death. If there is nothing on file, then you should step up your efforts to obtain a copy from your mother, perhaps by hiring an attorney to request it and to ensure your rights are protected.See question