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Probate Estate administration

Probate Administration

 

The death of a loved one is a very difficult thing to experience.  Having to deal with legal and financial issues as well can be very complex and add even more stress to the situation.  During this difficult time, a probate administration lawyer can offer compassionate and understanding help combined with the experience needed to handle the probate estate.

 

Choosing an attorney is one of the first things which must be done, and the heirs should find someone they are comfortable with to guide them through this process.  You do not have to hire the attorney who wrote the will (if there is one), so you should consider who you will be able to trust.  Attorney Neil Berman has the experience to handle the needs of you and your family with the dignity your loved one deserves.

 

How do you begin, and who is in charge?

 

Many times all of the parties involved in the probate process will wonder just who is in charge and how to begin the process.    In Massachusetts there are legal and non-legal issues which must be resolved, and an Attorney can help you begin this process as stress free as possible.  Massachusetts has recently enacted a new system, the Uniform Probate Code, to try to modernize the process.  Initial issues include whether there is a will, which important documents the deceased had, and where they are, and handling matters requiring immediate attention.  The probate is begun be filed by petition in the Probate court, and is should be done as quickly as possible.

 

The Probate procedure

 

The recently enacted Uniform Probate Code here in Massachusetts allows for informal and formal probate administration proceedings.  These proceedings will include the appointment of a personal representative (“P.R.”) for the estate, and the orderly gathering and distribution of the assets of the deceased.  An informal probate is a simpler and less expensive procedure, and may be used when the heirs and devisees of the deceased are in agreement and willing to work together to probate an estate.  A formal probate is more complex and expensive, and is only required under certain circumstances.  In a formal probate proceeding, the judge takes the primary role of overseeing the administration process.  Formal probate is required in situations where there are extensive assets, complex situations, or when someone is contesting the estate, and under some other circumstances.  All beneficiaries should be informed of how the probate estate is being handled.

 

Once the probate estate has been filed and a P.R. appointed, there is a lot of work to be done to gather assets, settle debts, possibly to sell property, and to distribute the estate.

 

It is best to have a good probate administration attorney to oversee the entire process from beginning to end.  Attorney Neil Berman can help protect you and your loved ones throughout the probate proceedings.

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Common Sense Legal Counseling 109 College Ave Somerville, MA 02144
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Website: http://commonsenselegalcounseling.com
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Commonsense Legal Counseling's website and its associated pages contain general information and resources about the legal services that we provide. The contents are not intended to be taken as legal advice and should not be used to make decisions affecting your legal rights