Best Probate Lawyers in Fall River

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Fall River, Massachusetts?

  The non-emergency contact number of the Fall River Police Department is (508) 676-8511.

• Where can I get a copy of police reports for incidents related to my case in Fall River, Massachusetts?

  To request copies of police reports in Fall River, individuals can contact the Records Division of the Fall River Police Department at 508-676-8511. They can also reach out via email at publicrecords@frpd.org. The department is required to provide records in an electronic format unless they are unavailable in that form or the requestor cannot access them electronically.

• In Fall River, is establishing a durable power of attorney necessary for individuals possessing all assets jointly with their spouse?

  Yes, a durable power of attorney is still essential for Fall River couples, regardless of joint asset ownership. It provides additional protection and gives authority to handle key transactions, including signing tax documents, real estate transactions, IRA withdrawals, or Medicaid applications. It also offers security for spouses needing nursing home care, allowing asset transfer without probate court interference, despite physical or mental incapacity.

• What happens if a dispute arises during the probate process regarding an estate in Fall River?

  In Fall River, if a disagreement surfaces during the probate period concerning an estate, it typically prompts a procedure known as real estate litigation. This formal legal process aims to resolve conflicts between the estate and its potential inheritors or creditors, particularly when amicable resolutions prove difficult. Engaging a skilled Fall River real estate litigation lawyer is recommended to effectively navigate such complex disputes.

• Who has legal priority to handle property transfers in Fall River when there is no will?

  In Fall River, when a person passes away without a will, the legal priority for handling property transfers is given to the surviving spouse. If there is no surviving spouse, the priority is then given to the decedent's heirs. The person assigned as executor in a will has legal priority when a will exists. Property that is jointly owned, held in trust by the decedent, or designated to a beneficiary through insurance policies or retirement accounts passes directly to the appropriate party by law.

• What can lead to disagreements related to trusts in Fall River?

  Disputes over trusts in Fall River may stem from several issues. One common issue is the mishandling of trust assets by the trustee. Trusts can also incite conflicts when their terms are vague or misinterpreted. Disagreements may stem from the choice of the trustee, especially if seen as biased or unfair. In addition, controversies can arise around beneficiary rights, especially about distribution and communication failures.

• What can one do in Fall River if a loved one's estate hasn't been probated within the standard three-year period following their passing?

  In Fall River, if a relative's estate has not undergone probate within three years post their demise, it's feasible to institute a delayed and confined formal probate. The courts may permit a petition to authenticate the will or establish the absence of one and identify the lawful inheritors. A court-appointed executor can then secure the property rights to the estate's assets, although they cannot market the deceased's real estate holdings.