Questions answered by Brian C. Snell

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Do you have to wait a year before you can sell a decease's house in case any creditors come forward

Brian's answer | Answered on February 19, 2013

I am sorry for your loss. You can sell the house, but it is not recommended that you distribute the proceeds until after the year has past. If...

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Where can I find info and forms to file Summary Administration?

Brian's answer | Answered on February 18, 2013

Just to reiterate the advice of Attorney Golden, repost your question so that Florida licensed probate attorneys will respond. You will want to be...

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Would it be dumb for this executor to charge executor fees to the following estate (read below)?

Brian's answer | Answered on February 13, 2013

Based on the limited information that you have provided, there does not appear to be a reason to take a fee. You are correct that the fee paid to...

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If an estate was left intestate and there are 3 living children and one predeceases child with a son out of wedlock

Brian's answer | Answered on February 12, 2013

I am sorry for your loss. My initial response would be that the son steps into his parents shoes. However, if parentage of the son is in question...

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My mother made her will while residing in Florida. She is now back living in Massachusetts. Which state is her will probated in?

Brian's answer | Answered on February 12, 2013

Probate occurs in the county where the decedent last resided. Where a Will is drafted or executed, or under what law it is written or referenced is...

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I am the executor of an estate. The estate is approaching a year old. There are many credit card bills, am I obligated to pay?

Brian's answer | Answered on February 12, 2013

In Massachusetts creditors must perfect their debt within one year following the death of the account holder. There are various ways that the...

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Is recently widowed spouse responsible for business debt incurred by deceased before less than year old marriage?

Brian's answer | Answered on February 12, 2013

I am sorry for your loss. Typically, the debts of a decedent are only collectable from assets that comprise their probate estate. Probate assets...

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CAN MASS MEDICAID ESTATE RECOVERY UNIT CLAIM ANNUITIES IN REVOCABLE LIVING TRUST?

Brian's answer | Answered on February 08, 2013

It sounds like your mother has passed and if so, I am sorry for your loss. It is unusual to have a revocable trust in place, and funded, while...

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My father died without a will and really no assets. We don't want to do probate, what do I do with his car?

Brian's answer | Answered on February 05, 2013

I am sorry for your loss. You don't state that your father passed away a resident of Massachusetts, but I am going to assume that to be the case....

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I have an assisting will & need to change the beneficiary. I cannot afford a lawyer...can this be legally done without one?

Brian's answer | Answered on February 04, 2013

While it makes sense to execute a new Will following a divorce, it may not be critical. If the only change is the deletion of your former spouse,...

Brian C. Snell's Answers (742)

Do you have to wait a year before you can sell a decease's house in case any creditors come forward

Where can I find info and forms to file Summary Administration?

Would it be dumb for this executor to charge executor fees to the following estate (read below)?

If an estate was left intestate and there are 3 living children and one predeceases child with a son out of wedlock

My mother made her will while residing in Florida. She is now back living in Massachusetts. Which state is her will probated in?

I am the executor of an estate. The estate is approaching a year old. There are many credit card bills, am I obligated to pay?

Is recently widowed spouse responsible for business debt incurred by deceased before less than year old marriage?

CAN MASS MEDICAID ESTATE RECOVERY UNIT CLAIM ANNUITIES IN REVOCABLE LIVING TRUST?

My father died without a will and really no assets. We don't want to do probate, what do I do with his car?

I have an assisting will & need to change the beneficiary. I cannot afford a lawyer...can this be legally done without one?