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If a person doesn't have a will, do they still have to go through probate?
Boston, MA
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Posted 25 days ago in Probate
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My mom recently passed away and we are starting to clear up her credit cards, subscriptions, etc. I don't think she had a will. IF not, do we need to go through a probate court to help settle her credit card debts?
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I should clarify that I didn't mean paying off her credit cards; I meant canceling her cards. As she had no co-signers, I am aware that I am not legally obliged to pay them off. As for real estate, she did not own any real estate or vehicles. Answers (2)
Andrew Daniel Myers
This attorney is licensed in Massachusetts and 1 other state.
Posted 25 days ago.
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Why would you pay off her credit cards? Did you co sign them? You have no obligation to take on debts that are not yours.
Did your mother own real estate? If she did, regardless of whether or not she had a will, her estate will have to go through probate to obtain a release of the automatic estate tax lien that goes on the real estate, whether or not a real estate tax is due. I reccomend obtaining legal counsel to determine what the rights and obligations are before another cent is spent to pay creditors whose claims are not legal obligations. This answer is provided for informational purposes only. True legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction and with experience in the area of law in which your concern lies. 
Christopher W. Vaughn-Martel
This attorney is licensed in Massachusetts.
Posted 25 days ago.
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I am sorry for your recent loss.
I agree with the previous attorney's response entirely, and strongly suggest that you speak with a lawyer. You need to probate your mother's estate regardless of whether she had a will. I suspect that your mother did have a will, and you are deciding whether to submit it to the court. By law, a will must be presented to the court within 30 days of death. An attorney can help you sort through the various types of property owned by your mother, and help distribute it in an orderly fashion. Some property may be subject to creditors and some may not. Hiring a lawyer could save you a lot of money in this regard. An attorney can also assist in settling or reducing any debts that are validly owed. While the estate has an obligation to pay creditors, you do not. Please feel free to give me a call if you would like to come in for an appointment. 617-357-4898. |
