After a loved one passes away, your family and the personal representative (previously known as the executor) of the estate could face a difficult process going through probate. Hiring a probate attorney in Massachusetts can help make the process less stressful, reducing the time it takes to settle the estate.
Learn more about the reasons to hire an attorney to help with probate in Massachusetts.
Smoother Process
If your family is experiencing infighting and other conflicts related to settling the estate, probate attorneys in Massachusetts may be able to protect the Personal Representative from liability. For example, a legal team can help the personal representative and prevent the PR from making a mistake in a will contest.
An attorney can also help the personal representative of the estate answer legal questions arising from family members.
When hiccups occur during probate or when the personal representative does not submit information properly, it can lengthen the time required to receive the inheritance. Hiring a probate attorney in Massachusetts helps ensure the court receives forms and information on time, keeping the process moving forward.
Should the personal representative fail to file certain documents by the appropriate deadlines or correctly, the estate may face additional expenses or penalties. At the very least, a Personal Representative who does not know what needs to be done will cause a major delay in distribution of the estate for the family.
Managing Legal Claims Against the Estate
As part of going through probate, the personal representative must deal with legal claims against the estate and any outstanding debts. Such claims may come from:
- Family members who feel unfairly treated
- Accusations against the personal representative for improprieties
- Liens against the property
- Unpaid taxes against the estate
- Any claims of unpaid debts from other people
The personal representative may be unsure how to handle debt resolution and similar legal claims.
In certain circumstances, the personal representative may need to sell some of the estate’s property to settle debts. It can be challenging for an inexperienced personal representative to balance the administration of the estate’s property and choosing which items to sell. In fact, some Personal Representatives may try to sell the WRONG assets, creating personal liability for themselves.
Probate attorneys in Massachusetts can help with all these items and more. Because the personal representative of the estate has so many responsibilities, an attorney can take on some of these tasks and make the process run smoother.
Handling an Estate Without a Will
When the decedent does not have a will or another form of legal framework in place, such as a trust, the process of settling the estate becomes more complicated. A probate attorney in Massachusetts can provide advice on handling all kinds of estate situations, including those without a will.
Even if a will exists, the process could have some complexities. If the will specifies a large number of beneficiaries or if family members doubt the validity of the will, hiring a lawyer with experience in probate can help.
Taking Advantage of Legal Resources
Probate attorneys in Massachusetts often have legal resources that can help you work through the probate process faster. Lawyers can provide advice about other professionals who can help the personal representative, such as accountants who focus on tax problems.
If the personal representative needs to hold funds in a trust for a minor heir, attorneys can help set up the trust or find pros who can do it.
Should the probate process take too long, attorneys may be able to figure out the bottleneck faster because they know the law and are familiar with the process. Personal Representatives/Executors who don’t regularly work within the court system may struggle to find this information.
Call Our Probate Attorneys Today
If you need help with estate administration, the Law Offices of Boyd & Boyd, P.C. can serve you. Let an experienced probate attorney in Massachusetts review your situation and provide guidance through the probate process. For a free strategy session, call us today at (508) 444-9688.
