Mansfield Probate Attorneys

Being named administrator of an estate or executor of a will is a challenging position. There are legal requirements and documents that must be filed with the court within limited time frames. The main document to be filed is the will. Probate is required of most wills. At Midgley Law Associates, we have been assisting clients through probate and estate administration for over twenty-five years. Our experienced and compassionate Greater Boston attorneys will guide you through the emotional and time-consuming process of probate and estate administration.

Probate

Probate is the court procedure that validates the will, ownership of assets, and property of the deceased, and governs the distribution of assets according to the will or the laws of Massachusetts. If an estate does not contain enough assets to pay the decedent’s debts, probate will resolve the debts.

Intestacy: No Will or Invalid Will

If a person dies intestate, without a will, many assets must be probated. Additionally, if a will is not valid, the deceased is considered to have died intestate, and again probate is required. Signature errors are commonly problems resulting in intestacy.

Heir Disputes - Joint Tenancy of Property

Joint tenancy is a primary cause of dispute among heirs. Joint tenancy (joint ownership) disputes can occur when an elderly parent puts a child's or caretaker's name on a bank account in order to pay expenses and the will states that all children are to take equally. The will does not control joint tenancy. Joint owners may claim ownership. Joint tenancy accounts can be a poor and dangerous choice for ownership to avoid disputes. A durable power of attorney or trust may be the best alternative. Joint tenancies result in probate litigation and expose your assets if the joint owner is involved in a divorce or bankruptcy.

We provide detailed simple and complex wills that include clauses such as declaring that a child's name was put on an account for the sole purpose of paying your bills and taking care of you, and that upon death the account should in its entirety go into your estate. The purpose is to allow the executor to avoid disputes and save time.

Contact Midgley Law Associates to speak with a Mansfield probate attorney. We have the experience you need to assist you with probate and the administration of an estate.