If you have been appointed as an estate executor, we urge you to call Daigle Law Office and get advice on how to fulfill your legal obligations in this important position. Unfortunately, we see too many executors who seek legal counsel only after they have spent a lot of time and effort and gotten overwhelmed by the process. Our estate administration lawyers can answer your questions, help you get the right paperwork in order, and generally smooth your path forward.
What Are an Estate Executor’s Duties?
Generally, an estate executor is responsible for wrapping up the affairs of a deceased person, including the distribution of their estate (property and money in their possession when they die). If someone dies with a will, the will typically names a specific person as the estate executor. If someone dies without a will, the will doesn’t name an executor, or the named executor is unable to serve, then the deceased person’s spouse or an heir may become executor.
The executor needs to determine whether the deceased person’s estate needs to go through probate. If so, then the executor must make required court filings, be appointed by the court as personal representative of the estate, and oversee distribution of the estate to the heirs. The executor also handles matters such as state and federal tax filings for the deceased’s estate.
How Can a Lawyer Help with Estate Administration?
As you’ve probably gathered from the description of an executor’s duties above, administering an estate is not always easy. In Massachusetts, there are three different types of probate, as well as a voluntary administration option. Each type of probate has different required forms and rules governing the process. It’s possible that you may face a contested will or other challenge to estate distribution as you go through the probate process. It can be difficult to identify and gather property or locate heirs, especially with a larger estate. Handling an estate as the executor can take a lot of time, effort, and attention to detail.
If you work with an experienced Massachusetts estate administration lawyer, your path to final distribution of the estate will be much smoother. Your lawyer will handle the needed forms and court appearances. If there is a contested will, your lawyer will advise you on the laws governing the dispute and help you resolve it. Their office can help locate the heirs and identify the property to distribute. Hiring a lawyer takes a lot of the stress off your hands.
Frequently Asked Questions
How do I determine the appropriate type of probate to file?
If you’re an estate executor puzzling over which type of probate to file in Massachusetts, we urge you to get a legal opinion before you move forward. Filing the wrong paperwork could unnecessarily delay the probate process. In some cases, you might not need to use the probate process at all. Call Daigle Law Office to schedule a consultation with our estate administration team.
How long do I have to probate the estate?
Typically, you have three years from the date of death to probate an estate, if it is required to go through probate in Massachusetts. It’s best not to delay probate, as the process can be time-consuming. If you need advice on how to move forward, give our office a call.
What’s a contested will, and how do I handle it as estate executor?
A contested will is a will that one of the heirs or an interested party believes is not valid and should not be followed. For example, an heir might argue that the deceased person signed the will under duress or didn’t have the mental capacity to know what they were signing. The probate court handles the contested will, determining whether to follow the disputed document’s terms or not. If you’re an executor facing a contested will, we strongly recommend that you hire an estate administration lawyer to ensure that you are fulfilling your legal responsibilities as executor in this situation.
Your Local Estate Administration Lawyers
Are you looking for a dependable, experienced estate administration lawyer who can help you get the estate through probate? You’ve come to the right place. Daigle Law Office’s attorneys can provide you with experienced Massachusetts estate administration advice. We help clients dealing with complicated situations who need solid and reliable information from knowledgeable local lawyers. Daigle Law Office’s attorneys consult with clients on Cape Cod and in eastern Massachusetts. To schedule a free initial consultation, call 508-771-7444 or use our convenient Contact Form.
