Missing for Decades: How We Declared a Property Owner Dead Without a Body in Massachusetts
What happens when a property owner disappears—and never comes back? Years ago, I handled one of the most unusual probate cases of my career. A woman contacted me about a piece of land her family had been quietly holding onto for decades. Her father, who had owned the property, vanished when she was a child. […]
When Probate Blocks a Commercial Loan: What Massachusetts Lenders and Business Owners Need to Know
Commercial loans are complex enough without a trust-related surprise holding up the deal. In Massachusetts, real estate held in trust is often used to avoid probate and streamline transitions between family members. But what happens when the trust isn’t perfectly drafted? Or when someone passes away and the legal process is skipped? In this post, […]
Who Takes Control After Death? Understanding Personal Representative Priority in Massachusetts
When someone passes away, settling their estate is not just about distributing assets. Someone needs to take charge of paying debts, managing property, and ensuring the estate is handled according to the law. In Massachusetts, the person responsible for this is called the personal representative. While many assume that the closest family member automatically […]
Voluntary Administration
Voluntary Administration: Simplifying Probate for Small Estates in Massachusetts When it comes to settling an estate, the probate process can be time-consuming, expensive, and stressful. However, Massachusetts offers a streamlined option for small estates called voluntary administration. This simplified process can save families time and money while avoiding many of the complexities of formal probate. […]
Can Your Heirs Inherit Your Debt? What Happens to Debt After Death?
One of the most common concerns people have when estate planning is the question of whether their loved ones will inherit their debts. The idea of leaving behind financial burdens can be stressful, but the reality is that most debts are not passed down in the way you might think. In this article, we’ll explore […]
Voluntary Administration of Small Estates: A Comprehensive Overview
Use of Voluntary Administration Voluntary administration serves as a streamlined method for managing small estates, particularly when transferring automobiles, recovering the last Social Security check, negotiating tax refunds, and accessing small bank deposits. Notably, a spouse can transfer an automobile without resorting to voluntary administration, as stipulated in G.L. c. 90D, § 15A. This process […]
Case Summary: Sullivan v. Burkin, 390 Mass. 864 (1984)
Can a surviving spouse claim a spousal share under M.G.L. 191 § 15 for assets held in a revocable inter-vivos trust—can one spouse disinherit the other spouse using a revocable trust? Facts: Mary A. Sullivan, widow of Ernest G. Sullivan, sought to claim a share of her late husband’s estate under G.L. c. 191, § […]
Understanding the Role of the Personal Representative in the Massachusetts Probate Process
What is a personal representative? What are their duties? How are they appointed? Who should I pick? When navigating probate proceedings in Massachusetts, one of the critical decisions involves appointing a Personal Representative (formerly known as an executor or administrator). This role is essential for the administration of a decedent’s estate, and the Massachusetts Uniform Probate […]
What is a Non-Probate Asset
Understanding Property that Passes Outside of Probate is Crucial for Estate Planning Estate planning often involves navigating complex distinctions between probate and non-probate assets. Understanding these differences is important for ensuring that a client’s wishes are fulfilled and that the estate is handled efficiently. Here, we explore the implications of non-probate assets on estate planning […]