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Do I need a lawyer & if so, what kind of lawyer do I need?

My mom died recently, I am the executor of her estate. We have a will that simply states that her assets are to be divided equally among her children. She did not own property, but she does have a small retirement account. How do I access that account? Also, she had cashed out a similar account. Will there be taxes dues on that money? (She was in her 60's)
Finally, she was on Medicare/Medicaid. Do they have any rights to her bank account or retirement account?

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Attorney answers (1)

Reputation Level 15
Please accept my condolences for the loss of your mother. You are in need of a probate attorney.

Whoever holds the will is required to submit it to the probate court and petition the court to accept the will and appoint the executor nominated by the will. To the extent you are able, you want to gather and organize your mother's property, notify all creditors and third parties of your mother's passing. Once you are appointed executor, you will have the authority close out your mother's bank and other accounts (including retirement) and consolidate all assets and property into an estate account. You will then be responsible for distributing your mother's assets and property according to her wishes.

An executor or administrator has the option (and really should) retain an attorney to assist them in carrying out their duties. An attorney can take on as much or as little of the paperwork and legal aspects of administering your mother's estate so you can focus on important personal and family matters.

Attorney fees are considered an expense of administration, and you will be compensated for any attorneys fees that you pay for out of your own pocket prior to your appointment.

When you file the will for probate, you will also be required to notify the state of your mother's passing, and they will contact you if there are any liens.

Please don't hesitate to contact my office, which is located in the South End close to Copley Square and the Financial District.

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