Brockton Probate Lawyer

When you suffer the loss of a family member, the last thing you want to deal with is having to go through the legalities of the probate process and the administration of the deceased’s estate. This legal process can be complicated and time-consuming, not to mention an emotional challenge and drain as you simply are trying to heal and grieve the loss of your loved one. Thankfully, a Brockton probate lawyer can offer the necessary support.

Whether you are the executor of the estate involved in probate or are a beneficiary of that estate, the team at Albanese Law, LLC is here to help. We have the experience and knowledge necessary to assist clients through the Massachusetts probate process and can help ensure that the process runs as smoothly and efficiently as possible. We can also be there to support you through any emotional challenges, tensions, or disputes that may arise as the estate is probated.

Having an attorney by your side every step of the way during the probate process can help make this time less stressful and also assist with reducing the time, money, and energy that is spent trying to bring this process to a conclusion. Depending on the nature and value of your loved one’s assets, which are subject to probate, there are several forms the process can take, and it is important that you are educated about them.

At Albanese Law, LLC, our attorneys can be by your side no matter what the probate process looks like for you and your family.

The Probate Process of Massachusetts and How to Potentially Avoid It

In simple terms, probate is the legal process that occurs when an individual passes away, and their estate must be settled. When a valid and legal will exists as part of this estate, an individual, known as the executor, will be appointed, as dictated by the will, to handle the settling of all estate affairs. In the case where there is no valid or legal will, the probate court will nominate an estate administrator to manage the estate’s settling.

In either case, the executor or the administrator will be responsible for handling tasks such as gathering and valuing all assets owned by the estate of the deceased individual, paying any outstanding debts or taxes owed by the estate, and distributing all remaining assets amongst the named beneficiaries in accordance with the wishes laid out in the will. This entire process can be extremely complicated, and having a probate lawyer along the way can make things easier.

The probate process has several steps, each one adding its own degree of difficulty and calling for the assistance of a probate lawyer. The following steps are often involved in a Massachusetts probate process:

• Will Authentication: The first step in the probate process is to determine whether or not the will involved in the estate is valid and legal and meets the requirements of the jurisdiction in which it applies. The amount of time it takes to complete this step can vary depending on several factors, including the clarity of the will and the size of the involved estate.
• Appointing of an Executor or Administrator: If there is a valid will, an executor will be appointed to carry out the wishes of the deceased person and ensure the management of their estate. The executor plays a vital role in both validating the will and distributing assets amongst beneficiaries. This executor will be chosen by the person who made the will. It is vital that this person is trustworthy and of sound mind to carry out their duties.

In the event that an executor is not named or an individual dies without a valid will, the courts will appoint an administrator. This person will perform the same duties as an executor. However, to ensure every single one of your wishes is carried out by someone you trust, it is essential you name an executor in your will.

• Debt or Tax Settlement: Once the estate has been valued, meaning all assets and property holdings have been gathered and appraised, the executor will begin to work to settle all debts and tax liabilities owed by the estate. This can be a complicated process and often calls for financial know-how. The attorneys at Albanese Law, LLC have the experience and knowledge necessary to help executors during this crucial step in the probate process.
• Asset Distribution: Once all debts have been paid and all tax liabilities dealt with, the executor will distribute the remaining assets amongst the beneficiaries in accordance with the will and the desires of the deceased individual.

It is important to keep in mind that there can be several strategies implemented before an individual passes to help potentially avoid the probate process as a whole. These strategies can help speed up the transfer of assets and can also help keep the process more private as family members and loved ones come together to grieve the loss. The most common ways to avoid the probate process include:

• Creating a Trust: In creating a trust, either revocable or irrevocable, you can afford your loved ones certain protection from the probate process and even from creditors, legal claims levied against your estate, or tax liabilities that may erode the value of your assets before your beneficiaries even receive them. Establishing a trust is a wise move for estate planning and the attorneys at Albanese Law, LLC can help.
• Joint Ownership: You can decide to transfer and hold certain assets in joint tenancy with survivorship rights given to your spouse. In these situations, the involved assets can automatically transfer to the surviving partner upon your death.
• Lifetime Gifts: During your lifetime, you may wish to gift certain assets to beneficiaries you intend to inherit those assets. However, there are certain gift tax liabilities that may come into play and it is wise to consult with an estate planning lawyer before deciding to use this estate planning tool.

How Albanese Law, LLC Can Help You When Facing Probate

At Albanese Law, LLC, we understand that the time after a loved one passes away can be extremely difficult, and the last thing you want to do is attend a court hearing. For many years, we have helped countless clients undertake the probate process after their family member has died. We have also helped individuals make ways for their loved ones to avoid probate following their death.

When you work with our team, you can rest assured knowing we can do whatever is in our power to ensure the probate process moves quickly and smoothly with little stress. There are several ways we can help you with the probate process, including:

• Helping you handle an estate when there is no legal or valid will
• Streamlining the process to save you and your loved ones time and money
• Helping you prepare any necessary documents needed for probate court
• Handling certain tax liabilities and advising you, if the executor, on the correct way to go about paying these liabilities
• Assisting with the dealings of any credits or the last bills and debts owed by the deceased
• Helping locate and appraise assets involved in the estate

Assets Subject to Probate in Brockton, MA

When an individual dies, their assets and estate will be subject to the probate process. However, only certain assets will have to pass through the courts. These assets can include:

• Real estate holdings solely owned by the individual who has passed
• Interests of real estate that the deceased individual held as a tenant in common
• Certain life insurance policies that name the deceased person or their estate as the only beneficiary
• Personal belongings or property, such as furniture, jewelry, or valuable collections
• Bank accounts which were solely owned by the deceased individual
• Motorized vehicles, including watercraft, which were only owned by the person who passed
• Interests in partnerships, LLCs, or corporations held in the deceased’s name
• Any intellectual property that was solely owned by the deceased individual

Assets Potentially Exempt from Massachusetts Probate Court

There are also certain assets that may be exempt from having to pass through the probate court of Massachusetts. These assets can include:

• Property held in a trust
• Property owned jointly with rights to survivorship
• Bank accounts owned jointly and transferable upon death
• Real estate holdings owned in joint tenancy or with the right of survivorship
• Small estates under a certain dollar amount
• Certain life insurance policies
• Specific retirement accounts
• Motor vehicles owned jointly with rights of survivorship

How Much Does a Probate Lawyer Cost in Massachusetts?

It can be difficult to offer an exact number as to how much a probate lawyer would charge for their services as there are many factors which can influence the final cost of an attorney’s fees. These factors include the overall complexity of the probate case, the value of the estate in question, and the experience of your attorney.

Speak with a Trusted Estate Planning and Probate Lawyer Today

If you are the executor of an estate, a beneficiary, or an individual looking for ways to save your loved ones from the probate process following your death, the attorneys at Albanese Law, LLC are here for you. Contact our offices today to schedule your consultation and begin your estate planning journey.