Probate Law Administration
As an experienced probate lawyer in Massachusetts, Mr. Tobin's first priority is to officially secure your executor appointment with the court. Next he will assist you with the following: help you inventory all property of the decedent; determine the heirs-at-law and next of kin of the decedent; prepare estate and income tax returns for you; pay the expenses of estate administration; and finally, distribute the assets to the proper person's.
The Commonwealth of Massachusetts has codified certain laws which establish the orderly estate administration of property in a decedent's estate. According to probate law, a person's probate estate includes any assets whether real estate, personal property, and or intangible property which the decedent had an interest in, and which did not avoid probate, through trusts, operation of law, and/or other probate avoidance devices.
Essentially, there are two types of probate law administrations in Massachusetts:
- The first type of probate administration involves a probate estate where there is a Will. In this case a person's probate assets will pass according to the directions set forth in the will.
- The second type of probate administration is for people who die without drafting wills. This form of estate administration is called “intestacy”. In this case, a person’s probate estate will be distributed according to state statute. This means the state decides the parties who receive a distribution of your estate. In some intestacy cases the state itself will receive some or all of your estate. In both cases the probate court in Massachusetts oversees the distribution process.
If you would like to schedule a free, no cost obligation, to have probate lawyer Attorney Tobin analyze your current personal probate situation and/or obligations as an executor contact us or call 978-725-9083.