Falmouth Probate Lawyer

Falmouth Probate Attorney

Massachusetts probate refers to the court-supervised legal process of authenticating a will, paying estate debts and taxes, and then transferring remaining assets to any beneficiaries or heirs. The process can be complicated and fraught with emotions. A Falmouth probate lawyer can explain the process, answer your questions, and represent your interests.

About Us

At Albanese Law, LLC, we understand the unique estate planning and probate laws of Massachusetts, and we can provide reliable and compassionate legal support. Whether you live in Woods Hole, Teaticket, or elsewhere in Falmouth, we can discuss your specific circumstances. When Falmouth locals need help, they call our office.

We focus on your immediate and long-term goals for your estate planning. Founding attorney Matthew Albanese has won many awards, including the prestigious designation of Super Lawyer, and when he’s not mountain biking or painting, he’s working tirelessly for Falmouth locals. We can provide the necessary peace of mind, avoid costly errors and delays, and often speed up the distribution of assets to your heirs. Call us to hear more about how we can serve you.

Massachusetts Probate Basics

If you have a valid will at the time of death, the court typically supervises the settling of your estate. This includes identifying all assets, assessing their value, and distributing them as outlined in your will.

However, if you pass without a will, intestacy law dictates the next steps. In Massachusetts, the probate process usually involves:

• Filing a will
• Petitioning a Massachusetts court to begin the probate process
• Having the court appoint a personal representative
• Reviewing all assets
• Obtaining valuations for the current value
• Resolving debts, paying taxes, and handling all final estate expenses
• Distributing any remaining assets to known heirs or beneficiaries
• Closing the decedent’s estate

If you have a will, the process of probate is often quite simple. As a result, many people work with an attorney to consider how they would like their estate to be resolved upon their death. However, family members may squabble over assets, and disputes may arise even if a will exists.

Massachusetts Probate Options

Families may encounter several different kinds of procedures involving probate and the settling of an estate. When you hire an experienced lawyer, they can discuss the merits of each and ensure your voice is heard throughout the process.

• Informal Probate. Informal probate is typically quick and efficient. In Massachusetts, informal probate is usually set before a magistrate instead of a judge. If a will is uncontested and relatively straightforward, informal probate can help wrap up a non-complex estate, especially if everyone agrees about asset distribution.
• Formal Probate. When disputes arise or if there are validity questions with a will, formal probate may become necessary. If the heirs or beneficiaries of the decedent are unknown or unavailable, this method can be a useful option. If an estate is complicated or involves disputes over trust proceeds or guardianship decisions, consider formal probate.
• Limited Formal Probate. If you need to confirm the ownership of certain assets, this option could prove useful. Our court system may allow a determination of heirs or beneficiaries. Also, it can help admit a will or appoint a special or personal representative.
• Voluntary Administration. Finally, with a smaller value estate, voluntary administration may be a good option. It allows for an efficient settling of an estate when there are limited assets and property involved in the decedent’s estate.

A Falmouth probate lawyer can discuss each option. They can answer your important questions about your probate choices in Massachusetts and protect your personal and family interests throughout probate.

Connect With a Massachusetts Attorney

Many people want to avoid going through the potential hassles of probate. One way to help your family members avoid probate court is to hire an attorney to prepare your estate plan. Most Americans don’t have enforceable estate plans, and many people aren’t taking the time to create a will to protect their loved ones after they pass away. Only 24% of those recently surveyed said they have a will, and 13% reported they have a living trust established.

If your goal is to avoid having a court involved in your family’s business, contact a trusted attorney to prepare your estate plan. It can reduce the stress, cost, and time involved with probate after you’re gone. If you have significant assets, family members who are likely to argue, or complicated legal issues involved in your estate, consult an attorney to help avoid probate.

FAQs

What Do Probate Lawyers Cost in Falmouth, Massachusetts?

Falmouth attorneys set their own fee schedule, and what you might expect in costs usually depends on their experience level and estate complexity. Many attorneys charge a flat fee or take a percentage of the value of the estate. When you set up an initial consultation, it’s an excellent opportunity to discuss an attorney’s anticipated costs so there aren’t any surprises.

How Long Could It Take for Probate in Falmouth, Massachusetts?

Each case that moves through probate in Falmouth is unique. For help estimating your timeline, contact a Falmouth probate attorney. The amount of time you might expect your case to take typically depends on the estate’s complexity and whether there’s an enforceable will. Complicated situations where families dispute the will tend to take longer.

Why Should I Hire a Probate Lawyer?

A probate lawyer can provide comprehensive estate planning services, and when you have them on your side, they can guide you through the court-supervised probate process. They can help administer the estate of a decedent and usually can assist with general estate planning. At Albanese Law, LLC, we can discuss your estate planning goals and provide help with administering an estate.

Does Every Estate Proceed Through Probate?

No, not every estate must go through Massachusetts probate. An attorney can explain the entire process and fully explore how to bypass the probate process, which can save you money and time. There are categories of assets worth discussing with a lawyer who can protect your specific interests and long-term distribution goals.

Hire a Probate Lawyer – Entrust Albanese Law, LLC

When you need to hire a probate lawyer serving Falmouth, call Albanese Law, LLC. We have multiple office locations near your home in Falmouth. At Albanese Law, LLC, we provide support throughout probate, and we’re also here to prepare your comprehensive estate plan. Contact us to set up a free consultation.