Probate

Probate is complex and often misunderstood. At its core, it is a form of litigation to re-title assets after someone passes away. It is a court-driven process and can take place in several courts when real estate is owned in various states.  Although most probate is done without dramatic contests or family infighting, sometimes you hear of high-profile cases that give everyone pause.  A proper estate plan and funding of a trust will greatly help reduce the need for probate and a prolonged estate settlement.

The probate process in Massachusetts will change enormously when the new Uniform Probate Code fully comes into effect in July 2011. Until then, it will remain somewhat arcane and cumbersome. The probate process is meant to help collect and inventory the assets of the estate, resolve creditor claims, make sure the wishes of the deceased are honored, and ultimately provide an orderly process for the distribution of assets either per the wishes of the deceased (if there was a will) or by statute (if there is no will). When there is no will, the Commonwealth of Massachusetts has a very specific set of laws to distribute assets. These laws, known as intestacy, can be somewhat more cumbersome and costly to administer.
 

Executors play an important role in the probate process. The firm works directly with and thus takes the direction for administration from the Executor. The named Executor must sign all of the Probate Court proceedings. There is liability associated with being an Executor depending on the type of probate. If you are named as an Executor, you should be sure to discuss that liability with your attorney and understand it fully before proceeding.

The Executor should be aware that the Probate process is NOT a tax process. At death, assets transferred to heirs could still be subject to an Estate Tax at the Federal and State level. When an Estate Tax is payable, it becomes due within nine months of the date of death. The amounts subject to these taxes do change periodically, so you should consult an attorney for the most current information.

Whenever we are asked by survivors to help settle the affairs of a loved one, we work hard to do it as efficiently and cost effectively as possible. If you are out of state, we can accomplish much of the communication required through email, phone conference calls, and the U.S. mail. To help keep costs down, the bulk of the work will be done by the paralegal staff (which includes a former employee of the Middlesex Probate Court), although of course, an attorney will work closely with that staff and supervise their work. Apart from cost minimization, our goal at Squillace & Associates, P.C. is to make the probate
process as gentle as possible during a time of grieving.

If we can assist you with a new probate or an ongoing probate matter, please contact us at (617) 716-0300 or info@squillace-law.com.