Plymouth Probate Lawyer

Following the loss of a loved one, the last thing you want to face is a long and costly court process. However, under most circumstances, after an individual’s death, their estate must pass through the probate process in Massachusetts. This process seeks to administer the estate of the deceased person in cases with or without a will, and cases without a will can become much more stressful and time-consuming. In these situations, a Plymouth probate lawyer can help.

At Albanese Law, LLC we have the experience required when you and your loved ones face the probate court process. We can help in the administration of an estate whether you are the executor of that estate or a beneficiary. Our legal team can help you file the necessary state paperwork, resolve any debts or tax liabilities still owed by the estate, and ultimately help distribute the assets of the estate according to the wishes of the deceased and the regulations of the state.

We understand how difficult it is to lose a loved one and how that experience can become even more challenging when you are required to attend lengthy and tedious court hearings. In some cases, there are chances to avoid probate, but these can only be acquired through thoughtful estate planning prior to the estate owner’s death. Whether you wish to establish this estate plan, administer an estate, or benefit from a probated will, our team is ready to assist you.

The Plymouth, MA Probate Process

Probate can be an extremely confusing process, especially for individuals who have never experienced it before. Having an attorney on your side during this process can be of paramount importance. An attorney can ensure that all paperwork is filed correctly and by the necessary deadlines. This can help avoid any potential delays and save you and your loved ones both time and money.

The process for probate in Plymouth, Massachusetts, typically involves the following steps:

• Determining the Validity of the Will: The first step in the probate process will be to ensure that the will is legal and valid and that it meets the requirements of the jurisdiction it is being probated in. These steps can take a varying amount of time based on several factors involved. These factors can include the clarity of the will, the size of the estate, and the number of named beneficiaries.

There can be several reasons a will is deemed invalid that are important to keep in mind such as it not being signed by witnesses, it being created under undue influence, forgery, coercion, or there being a later will in existence.

• Appointment of an Executor or Administrator: When an individual dies and leaves behind a will, that will should have a named individual to act as the executor or the individual who will handle and manage all the affairs of the estate as it passes through probate. This should be a trusted individual who is of able mind and body and has the understanding of the duties they have been tasked with.

In cases where an individual dies without a will or does not name someone as their estate’s executor, the court will appoint an administrator to carry out the same duties as if there had been an executor named. However, in these situations, this administrator might be someone the deceased had no intention of naming. If you are establishing an estate plan, it is wise to name an executor as soon as possible.

• Gathering and Valuing Assets: Once the executor has been named or an administrator appointed, the first step or task to is that of gathering and valuing all assets held within the deceased’s estate. This can include items such as bank accounts, investments, personal belongings, real estate, business holdings, and vehicles. Your attorney can help you locate all these assets and determine their financial value.

If there seem to be any assets missing from the estate or there are disputes over how these assets are handled, legal help is available. For example, if someone dies without a valid and legal will, your attorney can help determine how the assets involved are distributed amongst beneficiaries in accordance with Massachusetts intestacy laws.

• Paying Debts and Taxes: Once all assets have been collected and appraised, the executor will undertake their next duty, which is to pay off all debts and tax liabilities levied against the estate. They may also have to enter into negotiations with potential creditors who may bring claims against the estate. If any of these situations arise, an attorney can help you and ensure that the necessary steps are taken to settle these issues.

An attorney may also be able to help you mitigate the amount of taxes that are owned by the estate. One way taxes may be minimized or even avoided can occur by the establishment of a trust. However, this must be done through careful estate planning prior to an individual’s death.

• Distributing Assets: Once all taxes and debts have been paid, the executor, or administrator, will begin to distribute and divide the assets held by the estate to beneficiaries in accordance with the wishes of the deceased outlined in the will.

What to Do Before Filing for Probate

There are several things to note before you begin the probate process. First, you need to determine if probate is even necessary in the case of the estate in question. Probate occurs in order to validate the deceased’s will, change the ownership of real estate and personal property holdings, pay any debts, taxes, or creditors, and obtain the medical records of the deceased.

Some property might not be made subject to probate, including property held in a trust, proceeds from a life insurance policy, or property jointly held where there is a right of survivorship in place. It must also be determined what form of probate will be necessary and who you must give notice to that probate court will be called for in the execution of an estate.

Speak with a Trusted Massachusetts Probate Lawyer Today

If you find yourself involved in a matter of probate, the team at Albanese Law, LLC is here to help. Whether you are an executor, administrator, or beneficiary, or you are an individual hoping to help your loved ones avoid probate through a comprehensive estate plan, we are here to offer legal assistance and guidance on these matters. Contact our offices today to find out more about how we can help you.