Our loved ones never really leave us.
They live on in the memories they made, the wisdom they shared, and the love they brought into our lives.
We are sorry for your loss.
It has been a privilege to walk beside grieving families and guide them through the practical, legal process that occurs after the death of a loved one. From the funeral plans to bank accounts, retirement funds, and personal belongings there are so many questions:
· My husband was leasing his car. Can I keep using it?
· She had a vacation home in another state. What needs to be done?
· We need to sell my parents’ lifelong home. Where do we begin?
· I want to access my son’s computer files. Can I do that?
· How do I collect on his life insurance policy?
· I want to make changes to my partner’s Facebook page to share the news. How do I do that?
· I think my mom had a safe deposit box. How do I access it?
· My uncle’s business partner wants to know what we plan to do about his business. What are our options?
· My sister’s credit card is still making automatic payments. How can I stop those?
· I want to adopt my friend’s dog. Can I do that?
· Where do I donate furniture?
· All our accounts were joint. Do I need to do anything?
And so many more.
The first step is to locate your loved one’s important files – both physical and digital. If your loved one had a will, then you need to locate the original will to prepare to file with the court. Glance through the document to see if the will named a personal representative (formerly called executor prior to 2012). If you were named as the personal representative, then you will file a petition with Massachusetts Probate & Family court in your county to be appointed. If someone else was nominated to serve as the personal representative, then you should contact that person to let them know about their appointment.
We can accomplish the following duties without unnecessary delay and with the utmost respect for your personal privacy and your family relationships.
● Identification, collection, and determination of values of assets
● Payment of all debts, expenses, and taxes from the estate and trust assets, with the submission of regular accountings
● Advice as to the disposition of jointly held assets, life insurance, and retirement benefits that pass outside a will or trust
● Preparation of state and federal, gift, generation-skipping transfer, and gift tax returns
● Notifying all heirs and beneficiaries of the trust or estate
● Communicating with beneficiaries
The probate court petition includes the will along with family information that becomes a public record. This petition requires proof that proper notice of the death has been made with the Commonwealth and the legally interested parties. Even if you are named as the personal representative you need to receive your court appointment to legally act in this role.
If your loved one did not have a will then you must file an Intestate petition with the court to appoint a personal representative for the estate of your loved one. Any interested person can petition to serve in this role if there is no will. The personal representative handles the administration of a person’s estate – collecting their assets, distributing those assets to the beneficiaries named in the will, or those legally entitled to their estate under intestate succession laws.
As a personal representative, you need to create an inventory of your loved one’s assets, open an estate bank account to collect the funds that belong to the estate, file an accounting for estate expenses, and make decisions and distributions to beneficiaries as well as carrying out any other intentions set forth in the will or under the intestate laws.
We work closely with personal representatives to guide you through the labyrinth of probate court requirements and to support you as the point person within your family that is handling this necessary, administrative, and daunting task.
If your loved one created a trust in their will the personal representative will set up the trust and move designated accounts into the trust in accordance with the instructions in their will. If your loved one created a trust while they were alive, properly funded their trust, and nominated you as trustee then you are able to act as trustee immediately without the involvement of the probate court.
We work closely with trustees to make sure you accounted for assets, understand the legal details required for the trust to continue to work as your loved one intended and support you as the manager of the trust.