Best Probate Lawyers in Lowell

FAQs

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

  The number to call the Lowell Police Department for non-emergency concerns is 978-937-3200.

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

  To obtain a copy of a police report for an incident in Lowell, you can visit the Records Division of the Lowell Police Department at 90 Lowell Street, Lawrence, MA 01840. You can pick up a form 24 hours a day to request the report. Once you complete the form, the Records Division will contact you to pick up your request. For more information, you can call 978-794-5900 or send a fax to 978-794-5913.

• How can an estate plan provide significant benefits to individuals in Lowell with substantial assets?

  An estate plan presents numerous advantages for individuals in Lowell. Primarily, it aids in bypassing the probate process, facilitating seamless administration if incapacitation or death occurs while maintaining privacy. For affluent individuals, an estate plan effectively reduces the burden of state and federal inheritance taxes. Most importantly, it reassures the individual that their end-of-life directives will be respected and implemented.

• What is the initial responsibility of a designated executor in Lowell?

  In Lowell, an assigned executor's initial duty involves securing and assessing the value of all tangible assets within the estate. They must keep these items secure, preventing premature distribution to heirs. This role requires excellent communication skills to manage heirs' expectations while observing the mandatory one-year period for debtors to present claims against the estate. Executives can be held personally accountable if these duties aren't executed properly.

• Under what conditions is the voluntary administration process an option for probate in Lowell?

  In Lowell, a voluntary administration is an option for probate when the worth of the estate, excluding the automobile, is under $25,000. This method applies regardless of the existence of a will or trust and can be initiated 30 days after the individual's demise. However, a formal probate process with an appointed personal representative is necessary for estates with legal complexities, like ongoing lawsuits.

• In Lowell, what happens if the original Last Will and Testament is lost and only an unsigned copy is available?

  If the original last will and testament is lost and only an unsigned copy is available in Lowell, the probate court may allow the copy for probate if there's proof the decedent didn't possess the original will at the time of passing. Formal probate is necessary to confirm the validity of the copy. Any opposition to this needs to present unambiguous evidence to challenge its legitimacy.

• How can an inheritance be managed for a minor in Lowell?

  When an heir in Lowell can't personally manage an inheritance because they are not of legal age, the court can appoint a conservator. The process can be time-consuming and require ongoing court supervision. The conservator, tasked with fiduciary responsibility, must ensure the inheritance is used in the child's best interests. Once the child reaches 18, they typically gain complete control over the inherited assets.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.