New Bedford Probate Lawyer

New Bedford Probate Attorney

When you lose a loved one, it can be difficult to deal with the probate process while also grieving. Probate can be tedious, time-consuming, and overwhelming if you are not prepared for it. Having the right kind of legal help in your corner to provide you with advice and support throughout this process can make all the difference. A skilled and experienced New Bedford probate lawyer can walk you through the steps of probate and prepare you.

The legal team at Albanese Law, LLC, understands the potential complexities and confusion of a probate case. Massachusetts’s probate laws can be difficult to understand, especially if this is your first time enduring the process. It can be helpful to have a New Bedford probate attorney’s help in figuring this out and making probate easier. Matthew P. Albanese can bring years of legal experience in estate planning, elder law, and probate to your situation.

The Probate Process in New Bedford

Probate cases are common in New Bedford. The city’s median household income is $56,981 per year, with a median property value of $357,300. If you have to go through probate court in New Bedford, your case is generally handled by the Bristol County Probate and Family Court on Pleasant Street. If your case goes to the main office, it is in Taunton on Broadway. Make sure you look at the specific court location listed on any summons you may receive.

Probate is a court-supervised legal procedure for distributing the assets of a recently deceased individual, as well as paying any outstanding debts and settling taxes. It usually involves going through a will that was filed by the deceased. However, it’s important to keep in mind that only 32% of Americans reported having a will, according to a recent survey. Without a will or any sort of plan, the court must distribute assets in accordance with intestate succession laws.

Going through the probate process alone can be complicated and overwhelming if you are the executor of the estate. That’s why it’s recommended that you hire a probate lawyer to assist you, offer advice, and prevent you from making mistakes that could impede the process.

Here is an overview of the most important steps in the probate process in New Bedford:

• Filing the petition. Probate begins when you file a petition with the family court, pay the filing fee, and initiate the probate process. If the will is uncontested, you are likely to have an informal probate, which can move much more quickly and may not even require a judge or any hearings. If the estate is contested, it must be a formal probate.
• Appoint the executor. Once the petition has been filed and approved, the court appoints a personal representative, or executor, to oversee the probate process in accordance with the wishes of the deceased. The executor is generally named in the will already. If they are not, the court must choose the executor itself. If you’ve never administered an estate before, you should consider hiring a probate lawyer to help you.
• Notify the interested parties. It is the responsibility of the executor to reach out and notify the heirs and creditors that probate is underway. Anyone who is named in the will or owed a debt from the estate must be called upon.
• Appraise the estate. Next, the executor must make a detailed list of every asset in the estate. This includes all personal property, bank accounts, real estate, and outstanding debts. Then, the executor needs to have all of these assets properly appraised by a professional so the value of every piece of the estate is known.
• Pay creditors. When the estate is appraised, the creditors must be paid first. Once all debts have been satisfied, the remaining assets can be distributed to the beneficiaries as per the will.
• Close the estate. After the estate has been completely distributed, probate ends with the closing of the estate. Final accounting can sometimes take months to fully finalize.

FAQs

How Much Does a Probate Lawyer Cost in Massachusetts?

How much a probate lawyer costs in Massachusetts can vary greatly from one case to the next. Every probate case is unique, with its own contributing factors. Some elements in one case may be irrelevant to another case. Generally, the more complex cases can be more expensive for a lawyer to handle. Some of the most common factors that influence the cost include the filing fee for your specific county, appraisal costs, and how your lawyer charges you.

What Are Some Common Mistakes Made in Probate?

There are, unfortunately, many opportunities to make mistakes during probate that can have significant consequences for the estate. Some of the most common mistakes made during the probate process include missing strict court deadlines, forgetting to notify creditors, valuing the estate’s assets incorrectly, and distributing the assets to beneficiaries before paying creditors. An experienced probate lawyer can monitor your case and prevent you from making such mistakes.

Can You Clean Out a House Before Probate in Massachusetts?

In most cases, you should not clean out a house before probate in Massachusetts. Removing items from a house that’s part of an estate going through probate can lead to severe legal consequences, including potential theft charges. All property must be secured for inventory, appraisal, and debt payment before being distributed to beneficiaries. You have to wait for legal permission from the probate court before you start cleaning out the house.

Can I Sell My Deceased Parents’ House Without Probate in Massachusetts?

Yes, you can sell your deceased parents’ house without going through probate in Massachusetts, but only if the house meets certain legal requirements. You can only sell the house if:

1. The house is transferred into a trust before your parents’ death.
2. The deed lists the owners as joint tenants with right of survivorship.
3. Your parents had a life estate. The property passes to the next person named in the deed.

Hire a New Bedford Probate Lawyer Today

It’s recommended that you hire a probate lawyer to stand by you during this ordeal. At Albanese Law, LLC, we can give you peace of mind. Contact us to speak with someone on our team.

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