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My parent died, but someone lives in the house and we want them to stay
This comes up frequently: A parent has someone living with them, usually a child, maybe a significant other. When the parent dies, usually all the kids inherit the house, but they want to permit the sibling or significant other continue to live there. Is this allowed? Yes. First and foremost, if you are the parent…
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My Parent Died, But Someone Lives in the House and We Want Them to Stay
This comes up frequently: A parent has someone living with them, usually a child, maybe a significant other. When the parent dies, usually all the kids inherit the house, but they want to permit the sibling or significant other continue to live there. Is this allowed? Yes. First and foremost, if you are the parent…
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A common misconception about wills and probate
Many people believe that having a valid will allows their estate to avoid probate. This is not the case. In fact, the probate process focuses on authenticating a decedent’s will (if there is one) and approving the named “personal representative” so that he or she can settle debts and distribute assets to beneficiaries. I don’t…
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Who Inherits Property When Someone Dies Without a Will?
When a person passes away without a will, a trust, or designated beneficiaries, the assets of the person who has died, or the decedent, are distributed according to what is called intestate succession. In this situation, “who gets what” follows strict guidelines established by the Commonwealth of Massachusetts. These guidelines can lead to unexpected consequences,…
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Don’t spread your loot among lots of banks – here’s why
Lately I’ve been seeing clients who have spread their accounts over many different banks. My sense is that people do this over time, chasing good interest rates, and not exactly meaning to have so many banks in the mix. Maxing out interest rates is, of course, an excellent goal and a fun game to play….
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Someone Told Me I Need a Guardianship and Conservatorship. What Does That Even Mean?
Once we turn 18, no one can legally speak for us anymore. After 18, what happens when we arein a situation where we cannot make our own decisions? For example, temporarily, perhaps if weare under anesthesia. Or perhaps permanently, having developed dementia? If a person never signed a health care proxy or a durable power…
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The $2-million question: Do I have to pay estate taxes?
If a loved one just died, there are many steps to attend to; one very important task is to determine if their estate exceeds $2 million, and if so, you need to proceed carefully. To figure out if an estate is over $2 million, you need to look at everything that the decedent owned. That…
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What happens when there is not enough money to pay all the creditors of a probate estate?
This is an uncomfortable but frequent scenario: Someone dies, and there are simply not enough assets in the estate to pay all the creditors, never mind distribute anything to the heirs. There are clear laws covering this situation. Bills of insufficient estates are paid in this order: 1. Costs and expenses of administration (the probate…
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How Do We Pay Bills When Our Loved One’s Bank Accounts are Stuck in Probate?
This is a very common scenario: Someone dies, no one can get into their bank accounts, and yet there are bills to be paid. That includes home utilities, real estate taxes, medical bills, the probate attorney’s retainer, and more. Usually, there is someone in the family who will front the money. Later on, after probate…
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My Loved One Died – What Do I Do with Their Car?
Is there an easy way to dispose of a decedent’s car? Yes! There are two options in Massachusetts. Which option to use depends on whether or not you are the surviving spouse. If you are the surviving spouse, you do not need to go through the probate court — it is very easy to transfer…
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