Probate is the court procedure necessary to change title to a decedent’s assets and can take a year to conclude. A will guarantees an estate’s assets will enter the probate process. However, you can avoid the probate process by creating a revocable living trust, which allows you to control your assets even when you are living.
Boston Probate Lawyer
Boston Probate Attorney
After the loss of a loved one, the last thing you and your family want to think about is having to go through legal court proceedings. However, in most cases, after an individual dies, their estate must go through the probate court process. This process can be extremely complicated and confusing, especially if you have been named as the executor of the individual’s estate and charged with handling the assets held within. Thankfully, a Boston probate lawyer can help.
Whether you are the executor of your loved one’s estate or you are one of the beneficiaries, the team at Albanese Law, LLC is here to guide you through every step of the probate administration process.
What is Probate?
Probate is the necessary and legal process of distributing a deceased individual’s assets and property in accordance with their wishes laid out in a last will and testament. Probate also seeks to validate these wills to ensure all proceedings are carried out as dictated in the will. If the individual dies without a valid will in place, the courts will appoint an administrator, and any heirs will inherit assets and property according to Massachusetts state law.
If you find yourself concerned over your family rightfully obtaining your hard-earned assets and property following your death, there are several estate planning tools you can use to protect your wealth in the probate process and help secure the financial stability of your loved ones for years to come, including:
- Establishing a trust
- Creating a last will and testament
- Creating transfer-on-death deeds for real estate holdings
- Creating transfer-on-death registrations for both securities and vehicles
Albanese Law, LLC: Skilled Attorneys Providing Probate And Estate Administration Services
Some people believe that just because a loved one has a will, they do not have to go through the probate process. They believe that after a loved one passes away, they will just get the money and that will be that. Unfortunately, the probate process does not work that way. There is a process of estate administration and probate that can take more than a year to complete. It is important that you and other family members are aware of what is involved with this process.
Even with a will, you will have to get the will probated. A Personal Representative will be appointed, and creditors will have up to a year to file any claims. Typically, even with an uncontested estate, it will be a year at the earliest before distribution occurs. That is assuming things go well. If there is a will contest or other problems, estate administration can go even slower. Not only are there legal concerns, but also serious tax ramifications involved in probate matters.
Helping You Understand Your Elder Law And Estate Planning Options
At Albanese Law, LLC, we can advise you about the probate process and help you handle it as efficiently as possible. In almost all instances, a knowledgeable attorney can handle most of the matters that come before an executor and/or administrator. If you have questions about your role in the process, we can provide the information you need.
How The Probate Process Works In Massachusetts
In the probate process, there are six main steps:
- The probate petition is filed, and the court will appoint an executor of the will or personal representative of the estate.
- A notice will be published in the newspaper to creditors, and time will be given for them to make claims.
- Assets will be inventoried and appraised before they are made freely available to beneficiaries. This may involve extensive valuations and accounting.
- Debts, claims and taxes will be paid by the estate.
- An account is filed with the probate court showing the receipts and expenditures of the estate.
- All assets will be distributed, and the estate will be closed or completely settled.
The court must determine if a legal will was in place, who is entitled to assets if a valid will does not exist and what is available to creditors. If there is no valid will, the court will determine who gets the assets according to the laws of intestacy. If someone objects to the will or appointment of Personal Representative, an already cumbersome process will delayed for months or even years.
The probate process is often very time-consuming and confusing. Additionally, it can be an expensive ordeal depending on the size and complexity of the estate.
Assets Subject to or Exempt from Massachusetts Probate
Many individuals find themselves wondering which assets will be subject to the probate process. Typically, the law of Massachusetts requires any asset owned by the deceased at the moment of their death to pass through probate in order to legally change ownership. Assets which are typically included in the probate proceedings can include:
- Real estate holdings
- Insurance policies that name the deceased or the estate as the beneficiary
- Personal property such as furniture, jewelry, or valuable collections that are not currently held in a trust
- Bank accounts with no named beneficiaries
It is important to keep in mind, however, that there may be some exceptions, and a probate lawyer from Albanese Law, LLC can help determine which assets may be exempt from probate. These assets may include:
- Property held within a trust
- Property which is owned jointly through the right of survivorship
- Property which is held in tenancy by the entirety
- Certain retirement accounts or life insurance policies
The Estate Administration Services We Provide
We can advise the executor/personal representative of his or her duties, and draft and file the necessary probate documents in order to get the executor/administrator appointed by the probate court. We also notify creditors, heirs and beneficiaries of the estate, and then we work with the executor/administrator to determine the existence of and gather the assets of the estate. We will provide references for appraisals of assets, assist the executor/administrator in the distribution of the estate assets, assist in the preparation of the estate tax return, and assist in the preparation and subsequent filing of the probate court account.
Attorney Matthew Albanese strives to help clients avoid these problems through the creation of trusts and other estate planning tools. And at Albanese Law, LLC, we seek to finish the estate administration process in a timely and efficient manner while protecting the personal representative of the estate from current or future liability.
How Much Does a Probate Lawyer Charge for Their Services?
Probate lawyers may charge in different ways. For some, they will charge an hourly rate, while others base their fees on contingency. However, there are a few common factors that can influence the final cost analysis of hiring a probate lawyer. These factors can include the complexity of your probate administration case, the complexity of the estate itself, and the experience of the attorney representing you or the estate.
A Skilled Hand Guiding You In The Probate Process
Probate is the legal process validating a person’s will. Once a person has died, state courts will process the will, and the assets will be distributed through probate. Probate can be simple when estates have assets of less than $1 million. For more valuable estates, the process may take a little longer. Either way, personal property must go through probate, and that’s why you will need an experienced attorney to guide you.
Albanese Law, LLC , of Milton, Massachusetts, has helped numerous clients in the Boston area. Our lawyers are knowledgeable, respectful and resourceful in offering a complete range of estate planning services.
The Critical Steps In Probate, And We Can Help
In probate, the executor/personal representative of the will must prove its validity. This person presents to the court the will as well as a detailed list of the decedent’s assets and debts. The court then instructs the executor in how to manage the assets until the process is completed with the beneficiaries receiving their inheritances.
Here are the basic steps that take place during probate.
- An executor/personal representative is appointed if one has not been named.
- The decedent’s will is validated. (Was it properly prepared? Were there enough witnesses? Was there no evidence of undue influence?)
- Tallying and inventorying of the probate property is done.
- The value of the assets is determined.
- Bills and taxes owed by the decedent’s estate are paid.
- Disputes between heirs are settled.
- Distribution of the remainder of the estate is carried out.
We have helped Massachusetts families for more than a decade. We are skilled and can help you maneuver through complexities of estate planning.
Questions About The Probate Process? Call Us Now.
The probate process may take more than a year to complete. We can help you. Protecting your family is critical in estate planning. Albanese Law, LLC , of Milton, Massachusetts, has more than a decade of experience in estate planning. Call us now for a complimentary initial consultation at 617-698-8004 .
The Probate Process: FAQ, Solid Answers
The probate process doesn’t have to be intimidating. Yes, it may take some time to settle an estate regardless of whether a will is in place, but the probate process is necessary. We know that many people have questions about the process, and our team at Albanese Law, LLC , of Milton, Massachusetts, is ready to guide you. Here are some frequently asked questions and answers:
We can answer your questions on all estate planning matters, including the probate process. For more than a decade, Albanese Law, LLC , of Milton has advised estate planning clients in the Boston area and eastern Massachusetts. We provide complimentary initial consultations. Call a lawyer at 617-698-8004 .
Contact An Experienced Probate Lawyer Today
Losing a loved one is never easy, and having to face court is the last thing you want to do as you grieve. At Albanese Law, LLC, we are here to offer compassionate guidance. Contact us for more information regarding probate and estate administration in Massachusetts. Arrange a free consultation by contacting the Boston-area office of Albanese Law, LLC. To schedule an appointment, please call us at 866-591-4451.
