Legal Question in Wills and Trusts in Massachusetts

Grandmother died, no will, mortgage, use of her money??Need Lawyer?

OK, Grandmother died, no spouse, several children, she has money in bank accounts.

No will, mortgage due, all bills, bill collectors, etc.

Can we use her bank card/accounts to pay her bills?

Can we cash uncashed rent checks?

Do we need to go to court to get the Ok to do this? Or is it just assumed that family members will do this?


Asked on 1/19/09, 11:34 am

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Grandmother died, no will, mortgage, use of her money??Need Lawyer?

consult with an attorney.

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Answered on 1/19/09, 5:09 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Grandmother died, no will, mortgage, use of her money??Need Lawyer?

I am sorry for your loss of your Grandmother.

You or someone from the family should retain an attorney to petition the court to be appointed administrator of her estate to handle all these matters.

Once that person is appointed, the attorneys' fees would be reimbursable to that person as an expense of the administration of the estate.

Good Luck!

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Answered on 1/19/09, 12:02 pm

Re: Grandmother died, no will, mortgage, use of her money??Need Lawyer?

You or someone else needs to Petition the Probate Court to open an estate. Once an administrator is appointed the administrator can deal with her bills, mortgage and house.

Legal fees will be reimbursed from her estate.

You should also inform the debtors and Mortgage company that she has died and the estate is being opened so that they understand any delays.

Please feel free to contact me if you have more questions.

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Answered on 1/19/09, 1:10 pm


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