How does MA probate law work?
The word probate refers to the legal process by which the wishes of deceased persons are carried out via the administration of their estate. These wishes can include the distribution of assets, personal property, and similar items. Probate laws in Massachusetts also allow for claims against the estate to be settled during this time. For example, if the deceased passed away without paying one or more outstanding debts, money owed would be paid to the creditors.
The probate process
Massachusetts probate laws are fairly straightforward in how a will is administered. The basic steps are as follows:
- A Petition to Probate is filed
- Assets, debts, beneficiaries, and creditors of the deceased are located
- Assets are dispersed to beneficiaries after valid debts are paid to the creditors
- Any outstanding taxes on the estate are paid
- A Petition to Discharge is filed, completing the probate process
However, after practicing estate law for over 65 years, the MA probate law firm of Nigro, Pettepit & Lucas, LLP is well aware that the process does not always run as smoothly as it should. Wills can be interpreted in a number of different ways, leading to sometimes bitter disagreements among family members and will litigation. There are many instances where a will is challenged either by relatives of the deceased, and creditors who appear to have a valid claim against the will may need to have their requests examined more closely. At times, probate litigation is the only way to resolve these issues.
Probate law firms such as ours intervene during these times in order to advocate on behalf of our clients. Our wills attorneys can help determine if a will is valid, protect it from creditors, and shield it from the challenges presented by those who would contest the wishes of the deceased.
A probate law firm in Massachusetts that delivers results
If you have concerns regarding MA probate laws, or think that your case may be headed towards probate litigation in Massachusetts, discuss your situation with Nigro, Pettepit & Lucas, LLP. Our probate lawyers are highly qualified to advise clients on all aspects of probate laws, and we offer outstanding results both in and out of the courtroom.
More about probate law in MA
- Probate & estate administration
- MA probate law overview
- MA legal wills & living wills
- Wills law in Massachusetts
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