Brockton Probate Lawyer
Brockton Probate Attorney
Dealing with the death of a loved one can take a big emotional toll on you, and that’s without having to navigate the legal processes to settle their estate. Massachusetts has some unique laws regarding estate settlement, and it’s essential to understand these nuances so you can distribute an estate’s assets without too much hassle. A Brockton probate lawyer can help you do that and more.
At Albanese Law, LLC, our knowledgeable lawyers have helped numerous clients in the Brockton area with their probate questions and concerns. We are ready to assist you, too.
Types of Probate in Brockton
There are different probate processes that an estate can undergo in Massachusetts. It’s important to understand each of them, so you know your options when it comes time to settle an estate. Massachusetts probate includes three categories and a simplified option, too:
- Formal probate
- Informal probate
- Late and limited formal probate
- Voluntary administration
Formal probate hearings are typically heard by a judge and involve at least one court hearing. This type of probate is typically used for complex estates that involve a legal dispute or disagreement between beneficiaries.
Informal probate, on the other hand, is handled by a Massachusetts Uniform Probate Code (MUPC) Magistrate and is settled out of court. This is the most common type of probate in Massachusetts and is used for most standard estates.
Late and limited formal probate is reserved specifically for situations where the decedent died on or after March 31, 2012, and there was no estate proceeding within three years of the death. You only need a formal appointment to verify ownership of probate assets.
Voluntary administration is a simplified probate process that is helpful for estates with minimal assets. To file a voluntary administration for an estate, you simply must file the correct forms and pay the applicable fees.
Helping You Understand Your Probate Planning Options
The Probate Process in Brockton, MA
The probate process can be time-consuming in Massachusetts, especially since the estate must typically remain open for 12 months to allow creditors a chance to settle any debts. In fact, when you file your probate petition, you may also have to put a publication notice in a newspaper designated by the registrar, depending on the circumstances.
That said, the steps you take as the executor or interested party in the estate are fairly straightforward. Since informal probate is the most common type handled in Massachusetts, it can be beneficial to understand the process.
To file for informal probate in Brockton, you must:
- Give notice to entitled parties at least seven days before filing your petition
- Fill out all applicable forms
- Gather fees for filing the petition
- File your forms and fees
- Post the publication notice
How to Avoid Probate in Boston
The need for probate ultimately depends on the type of assets in the estate, their value, and whether there are joint owners or beneficiaries. To put it simply, assets that solely belong to the decedent must go through probate, while assets held by joint owners or beneficiaries may be passed directly to the rightful owners.
Assets held in a trust are also not subject to probate. This is because the assets are technically owned by the trust. When the trustor passes away, the trust is immediately passed to the named trustee.
Avoiding the probate process can save you time and money as well as provide a smoother transition of belongings after the death of a loved one. It can be beneficial to work with a Boston probate lawyer to help you find the optimal way to protect your assets. Having your estate in order can give you peace of mind.
FAQs
Q: How Much Does a Brockton Probate Lawyer Cost?
A: The cost of working with a Brockton probate lawyer can vary depending on the services you need and the complexity of your estate. Estate planning attorneys may charge a flat fee for standard services or an hourly rate. In some cases, probate attorneys may collect their fees as a percentage of the estate’s value.
Q: How Long Is the Probate Process in Brockton?
A: The time it takes to go through probate in Massachusetts can depend on a variety of factors. You can expect a simple estate with no legal disputes to settle much faster than a complex one with significant assets. You also must account for potential court delays and the one-year period in which creditors can file a claim against the estate. In Brockton, probate matters are handled by the Plymouth County Probate and Family Court on Obery Street.
Q: What Is the Difference Between an Estate Planning Lawyer and a Probate Lawyer in Brockton?
A: A Brockton probate lawyer is a type of estate planning lawyer that focuses on the probate process in Massachusetts. General estate planning lawyers handle a variety of aspects of an estate, including creating advance healthcare directives, establishing power of attorney, setting up trusts, preparing wills and other estate planning documents, tax planning, and more. Probate lawyers specifically deal with settling a decedent’s estate.
Q: What Assets Do Not Go Through Probate in Brockton?
A: There are several types of assets that can avoid probate in Brockton. Assets with named beneficiaries, property that is jointly owned with rights of survivorship, assets in a trust, and anything titled as “transfer-on-death” or “payable-on-death” typically bypass the probate process. This can include items such as bank accounts, life insurance policies, real estate, and retirement accounts.
Reach Out to a Brockton Probate Lawyer to Talk About Your Situation in More Detail
The probate process can be costly and time-consuming, especially if you don’t have the right support on your side. By working with a Brockton probate lawyer, you can protect your assets and simplify the probate process. Plus, they can help you find ways to bypass probate altogether by utilizing estate planning tools like trusts.
Our Brockton probate lawyers at Albanese Law, LLC, are committed to helping our clients with estates of all kinds. We have experience working on both simple and complex estates, and we’re ready to put our skills to work for you. Call our office to set up a consultation with our team of experienced attorneys today.
