Cape Cod Probate Lawyer

Cape Cod Probate Attorney

Going through the probate process can be a difficult, tedious, and sometimes unpredictable series of events. You may not have had the right amount of time to prepare for it, especially if you are grieving at the same time. As you navigate the difficulties of probate, it may be vital to have an experienced Cape Cod probate lawyer by your side. The right lawyer’s help can be invaluable during all this, especially if you don’t know where to start in the probate process.

The legal team at Albanese Law, LLC can provide you with everything you need to see probate through without any setbacks or unwanted surprises. The help of a Cape Cod probate attorney cannot be understated throughout this ordeal. Depending on your experience with the probate process, you may want someone in your corner who understands the state’s probate laws and has experience handling probate cases similar to yours. Our firm can help you with your case. Schedule your consultation today.

Why Should You Hire a Probate Lawyer?

There are many reasons why you should hire a probate lawyer. Above all, you want someone who understands how important the probate process may be for you. At our firm, we know what kind of legal help you need to move through probate as quickly and painlessly as possible. Our founder, Matthew Albanese, is a highly decorated member of the Boston Bar Association and the Massachusetts Guardianship Association. He can help you.

According to recent statistical information from the U.S. Census Bureau, the average household income throughout the state of Massachusetts is approximately $101,000 per year. Households making that much or more may have an estate plan in place that has to go through probate before it can be distributed among the designated beneficiaries. You should reach out to an experienced probate lawyer for help if your loved one’s estate plan is about to go through probate.

As you move through the probate process with your lawyer’s help, you may be doing so while you are grieving the recent loss of your loved one. It’s okay to feel overwhelmed and worried about the process. You may want to take some time to work through your feelings with the help of a local grief support group, such as GriefShare or What’s Your Grief. Talking to someone about everything you’re going through can be beneficial to your healing journey.

The Probate Process in Massachusetts

If your loved one passes away without an estate plan in place, their assets will be divided in accordance with the state’s intestate succession laws. This means that their closest living relatives will inherit everything, and that may not be what the deceased intended at all.

If there is a plan in place, it may go through the probate process. According to a survey done by WealthCounsel, 50% of respondents who have a will believe that it will protect them from probate, which is not the case. In Massachusetts, the probate process begins when the deceased’s will is filed with the probate court. From there, the process continues:

• The court will appoint a personal representative to oversee the probate process on behalf of the deceased. If that’s you, it is recommended that you hire a probate lawyer to help you through the process, especially if you’ve never done this before.
• Next, the personal representative must prepare a detailed inventory of the deceased’s assets. This includes real estate, bank accounts, personal property, and outstanding debts. The representative must then have those assets appraised.
• Once all the assets have been properly appraised, the various creditors waiting to be compensated for the deceased’s outstanding debts must be paid first. After the debts have been paid, the remainder of the estate will be distributed to the designated beneficiaries.
• Once the estate has been distributed, the representative will petition the court to close the estate, effectively ending the probate process.

FAQs

How Much Is a Probate Lawyer in Massachusetts?

There is no telling how much a probate lawyer may cost in Massachusetts. Everybody’s needs in probate are different, with each case having its own contributing factors that will determine the amount a probate lawyer will charge for their services. Those factors include the complexity of the estate, any disputes among the beneficiaries, and the lawyer’s education, experience, and resources. A lawyer’s fees may be covered by the deceased’s estate.

Do I Need a Lawyer for Probate in Massachusetts?

Although you are not legally required to hire a lawyer for probate in Massachusetts, you may need one. It’s highly recommended that you hire a probate lawyer to help make the process easier for you. A lawyer’s help can be invaluable if the estate is complex or if you are unfamiliar with the process. If the estate is small, you may be able to avoid probate entirely.

What Kind of Lawyer Do You Need for Probate Court?

For probate court, you will want to hire an estate planning lawyer or a probate lawyer. Both types of lawyers focus on settling the affairs of the deceased. They can help you with the complexities of the legal process, paying outstanding debts, and ensuring the probate process is done in accordance with the deceased’s wishes. The last thing you want is for the estate plan to be even partially ignored due to an inconsistency in the plan.

What’s the Difference Between an Estate Lawyer and a Probate Lawyer?

The main difference between an estate lawyer and a probate lawyer is how they deal with the legal process. An estate lawyer handles estate planning prior to the subject’s death, while a probate lawyer does the same after the subject’s death. An estate lawyer is necessary for creating the estate plan and ensuring the plan is sound, while a probate lawyer is necessary for executing the wishes within the plan.

Reach Out to a Cape Cod Probate Lawyer Today

Depending on your needs, you may want to consider reaching out to an experienced probate lawyer for help managing your loved one’s estate, especially if you have been chosen to be the personal representative. The legal team at Albanese Law, LLC can provide you with the resources you need to protect your loved one’s estate plan and make sure their wishes are fulfilled in their entirety. Contact us to speak to a team member about your case.