I recently learned that a client passed away unexpectedly. I represented Mr. and Mrs. R when I helped them amend their revocable trust and wills. We reviewed funding of their assets in their trust. I helped by drafting a deed, trustee’s certificate, and homestead naming them as trustees of their new trust as the owner of their home. Their financial advisor assisted with retitling a brokerage account and designating beneficiaries on a retirement account.
I met with Mr. R and his adult daughter in my office. I reviewed the list of asset types and how they are currently titled. Their bank accounts, home, and brokerage account was properly titled. I advised Mr. R that filing an affidavit pursuant to M.G.L. 65c was not necessary until the house was sold which he does not plan to do.
The only asset titled with Mrs. R was her 2011 sedan. I provided Mr. R with a copy of the Registry of Motor Vehicles Affidavit of Surviving Spouse. By completing the form and delivering it with the title to the eventual buyer of the vehicle, we determined that filing a probate petition nor a voluntary administration was necessary.
Mrs. R had a small balance on a credit card. Mr. R and his daughter were relieved to learn that without a probate filing, it was unlikely that the credit card company would file a notice of claim.
Mr. R was obviously grieving, but because of Mr. and Mrs. R’s careful planning during her lifetime, Mr. R left my office with a clear sense of peace that no further action was needed. While the meeting was under sad circumstances, I was glad that I was helpful in creating a plan that provided comfort during this difficult time.
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