Easton Probate Lawyer

Easton Probate Attorney

It isn’t easy to deal with legal matters after the loss of a loved one. The paperwork and court filings can be overwhelming, to say the least. But the experienced Easton probate lawyers of Albanese Law, LLC, work to help families navigate these difficult times with confidence and clarity.

Probate in Massachusetts

Probate consists of the steps to administer a deceased person’s estate, repaying debts, and ensuring assets are appropriately distributed. It’s ensuring that the person’s final wishes are carried out and that laws are upheld. Massachusetts’ probate laws require an estate to go through the court system so that proper ownership transfer can happen.

Cases can be complex. Some factors that determine the complexity include: 

• Whether the deceased had a will
• The type and size of assets
• The number of heirs and beneficiaries
• If there are disputes among family members.

A skilled Easton probate attorney can help you understand state and federal laws around probate. Albanese Law, LLC, ensures you understand the process and helps move your case through probate efficiently.

The Role of a Probate Lawyer

A probate lawyer provides legal support during every phase of estate administration. The team at Albanese Law, LLC, works with executors, administrators, and beneficiaries to ensure every step complies with state probate laws.

We file probate petitions and court documents and help you identify and value all estate assets. Then, we can help guide you through repayment of any debts and taxes before distributing property to beneficiaries. Our team works to resolve disputes over wills or inheritances if necessary.

Common Types of Probate Cases

Albanese Law, LLC, works with a wide range of probate cases. Some examples of probate cases include:

• Testate estates. If the deceased left a valid will, our team could assist the executor in submitting the will to the probate court.
• Intestate estates. If no will exists, Massachusetts intestacy laws determine how the assets will be distributed. We guide families through this process so that there is fair distribution and compliance with the law. About 33% of Americans have not created an estate plan or will.
• Estate administration. For executors and administrators, we can help gather financial information, file tax returns, and work with you to close the estate.

What to Expect During Probate

When navigating probate in Easton, here are some of the steps you can expect: 

• Filing the petition. The first step involves filing a petition in the Bristol County Probate and Family Court. This opens the estate.
• Appointment of a personal representative. The court appoints an executor to manage the estate.
• Notice to heirs and creditors. All interested parties must be notified. Creditors only have a limited time to make their claims.
• Inventory and appraisal. The personal representative must identify, value, and safeguard all estate assets.
• Payment of debts and taxes. The estate must settle any remaining debts before distributing assets to heirs.
• Distribution of property. Once debts are settled, the remaining property is distributed to the heirs and beneficiaries.
• Closing the estate. The final step involves submitting an account to the court and getting approval to close the estate.

When families are dealing with probate for the first time, it’s easy to make mistakes. Some of the common mistakes include failing to notify creditors or heirs, mismanaging estate funds, and missing filing deadlines. It’s important not to distribute assets too soon and be sure to take estate taxes into account.

Hire a Probate Lawyer

Albanese Law, LLC, holds a reputation built on trust and experience. We have a long history of helping Massachusetts families navigate challenging probate cases. Our team approaches each case with empathy and respect while walking you through each step of the process. We provide ongoing support throughout each stage to ensure compliance and accuracy. We can help you avoid common pitfalls so that the estate is administered in accordance with the law.

FAQs

How Much Does a Probate Lawyer Cost in Massachusetts?

Probate lawyer fees in Massachusetts can vary widely depending on the complexity of the estate, the attorney’s experience, and the location. Disputes can also make probate cases take longer and incur more costs. More complicated estates that involve real estate or business interests can come at a higher price as well. During your initial consultation, you can ask the attorney about specific fees. In addition, the legal process of probate may cost up to 10% of the entire estate.

Do I Need a Lawyer for Probate in Massachusetts?

It isn’t legally required to have a lawyer for probate in Massachusetts. However, hiring a probate lawyer can save you time and stress. It can also help you avoid making costly mistakes on your own. An experienced probate lawyer ensures that documents are properly filed and that debts are settled. They help ensure assets are distributed according to the will or state law.

What Assets Must Go Through Probate in Massachusetts?

In Massachusetts, assets that are solely owned by the deceased and don’t have designated beneficiaries must go through probate. This can include real estate titled only in the deceased’s name or bank accounts without a payable-on-death designation. Assets jointly owned with the right of survivorship or placed in a trust can skip probate.

What Questions Do They Ask in Probate Court?

During probate proceedings in Massachusetts, the probate court asks questions to confirm the validity of the will, identify heirs, and ensure proper management of the estate. Typical questions include whether a valid will exists and who is petitioning to become the executor. The courts inquire about the total value of the estate and any debts to be repaid. Make sure you’re prepared with clear documentation to help streamline the process.

Easton Probate Lawyer

Probate in Massachusetts can be complex. With the right legal guidance, it doesn’t have to be so overwhelming.

Reach out to Albanese Law, LLC, today and let our knowledgeable Easton probate lawyers answer your questions and explain your legal options. Schedule your consultation today.