Legal Question in Disability Law in Massachusetts

my mom passed away need to find about how to become executive of estate to take care of her affairs. thanks


Asked on 12/30/10, 7:06 am

2 Answers from Attorneys

Denise Leydon Harvey Harvey Law Offices

I'm very sorry for your loss.

If your mother had a will, you should file it, along with a petition and a certified copy of her death certificate and a bond, in the probate court of the county where she lived. If she lived in Boston, that is the Edward Brooke Courthouse on New Chardon Street.

If she did not have a will, you should file a petition for administration and a certified copy of her death certificate and a bond with the court.

I would be happy to assist you if you would like. Although you can go through the probate process without a lawyer, it is much easier with one. Good luck -

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Answered on 1/04/11, 7:27 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

I am so sorry to hear that your mother has passed. If your mother had a will, you will need to go to the courthouse and request a petition for appointment of executor. The will needs to be filed and allowed before you can be appointment. If your mother did not have a will, then you will seek to be appointed administrator. In terms of your duties, there is no real difference between executor and administrator. Once your appointment is allowed, you will receive an official appointment from the Court. With this document, you should be permitted to manage and handle the property, assets, and other affairs of your mother's estate.

There are a number of steps that need to be followed, parties to be notified, creditors to deal with, and court procedure to follow. If you would like to retain an attorney to assist you in carrying out your duties, we would be happy to represent you and provide whatever assistance and support you need. An attorney's fee is not your personal expense, but is simply an expense of the estate. Please feel free to give us a call.

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Answered on 1/04/11, 7:34 am


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