Archived
Can I transfer all executor privileges over to my nephew with just a simple letter and have it notorized?
Michael's answer
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Answered on January 07, 2019
No. Your nephew will need to be appointed by the court. This would include your resignation and a petition for successor personal representative.
Archived
What is the process of selling a deceased loved ones home if there is no will?
Michael's answer
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Answered on December 26, 2018
In order to sell, someone must be appointed as representative of her estate. This is done by filing a petition with the probate court. It may also...
Archived
How can I sell my mom's home in MA & a 1/4 acre of land in NH that none of us heirs want or can afford? She died 4 years ago.
Michael's answer
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Answered on December 24, 2018
First, you need to do a late and limited formal probate, as indicated in your previous question. Since there is land in Nh you will need to do an...
Can I still use an informal probate form as the new administrator of my mom's estate, though she died 4 years ago?
Michael's answer
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Answered on December 24, 2018
No. Since your mom passed away more than three years ago, you must do a special type of formal probate. Many lawyers offer free consultations. Use...
Archived
How common is it for ones estate attn. to be the executor? Good idea or bad? Cost?
Michael's answer
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Answered on December 21, 2018
It’s not a bad idea to have a disinterested third party, like your attorney, be in charge of your trust. This would remove your nephew from...
Average cost for the preparation of a codicil and an a amendment to a revocable living will?
Michael's answer
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Answered on December 14, 2018
The costs really depend on the work that is/needs to be done. It is hard to say based on your description. I suggest you bring your documents to an...
Archived
Can you change the beneficiary of a financial asset held in an Irrevocable Trust without losing the benefit of the trust?
Michael's answer
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Answered on November 13, 2018
Yes the beneficiary designation does trump the trust. It may be possible to change the ultimate disposition of the trust however, by way of a so...
What happens if a will is not filed within 30 days of death in Massachusetts?
Michael's answer
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Answered on September 05, 2018
The POA does become invalid upon a death. However, if she is on the accounts as a joint owner, the accounts pass to her immediately by operation of...
Archived
Can I file power of estate in mass when the property is in Florida ?
Michael's answer
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Answered on July 31, 2018
Sounds like you need to file a probate petition. Where you file depends on where your father resided. If your father was a resident of MA you will...
Archived
I have a motorized will. My husband died 21 days ago? When do I file it?
Michael's answer
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Answered on July 08, 2018
Generally, you have 30 days to file a will by statute. However, there is no penalty for filing late. Also, filing probate, whether it's necessary...
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