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Category Archives: Probate/Estate Administration

How Long Does Probate Take In Massachusetts?

As a Hingham elder law attorney, I am often asked by clients “how long will this take” when they begin probating a family member’s estate.  (Probate is essentially the process by which certain property passes from a deceased person to their heirs and beneficiaries.)  Like many things in life, it depends. Some of the time [...]

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“Can I Get Paid As Executor?”

Serving as executor, or personal representative (PR) as they are now called in Massachusetts, of someone’s estate can be a time consuming job. It involves inventorying the estate, locating and marshaling the assets, filing tax returns, meetings with attorneys or accountants, fielding questions from heirs and making distributions. Even in an uncomplicated case it can [...]

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Leaving A Memo or Letter With Your Will

Your Will is the place where you distribute certain types of property after your death. Anything that has a joint owner (like a house or a bank account) or a named beneficiary (like a retirement plan or insurance policy) will pass to the joint owner or beneficiary upon your death. Your other property is distributed [...]

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Probate In Massachusetts – What Information Is Needed?

Probate is the process by which property passes from someone who has died to that person’s beneficiaries or heirs.  It’s a paperwork driven process involving the Court system. If you have been named the executor of an estate, there is certain material you will need in order to open and close the estate. What information [...]

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The Importance of Keeping Good Records

If you are managing money for someone else, whether as a trustee, conservator or executor it is very important to keep good records. You may be held accountable to the Court or other interested parties for the work you are doing and your job will be easier if you have good records. In addition to [...]

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How To Change Attorneys

I will sometimes get clients who are leaving, or have left, their current attorney due to a problem with the attorney/client relationship.  Sometimes they will meet with me before they have formally ended their relationship with their other attorney, and they have questions about how to do that.  This post is to guide you through [...]

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Completing a Probate Inventory

If you are appointed the executor or administrator of someone’s estate in Massachusetts, you will be required to complete and file with the court an Inventory.  An Inventory is a form that the court will send you after you have been appointed, usually with the decree and certificate which shows that you are the executor. [...]

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How To Get Your Original Will from an Attorney

Attorneys will sometimes keep a client’s original will in their file. Years later, a client may want to obtain this will because they have moved or changed attorneys and want to revoke their old will.  The best way to obtain your original will from an attorney who has it is to send a request to [...]

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How To Find a Lost Will (or at least where to look)

I always recommend that my clients keep their original wills (and other important documents) in a fireproof box in their house, and that they let some family members know where the documents are located, and where the key is (or what the combination is) if the box is locked.  This is so that when the [...]

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The Dangers of Do It Yourself, A Cautionary Tale

A colleague recently had a new client come to see them. The man's father had passed away, and the son had found the Will…the Will that his father had purchased online and signed, thinking his wishes would then be honored. Sadly, they won't be. The form Will that the father had filled out had spaces [...]

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