Legal Question in Wills and Trusts in Massachusetts

what do I do now that mom passed away

I had power of attorney for my mom before she passed away I paid her rent, and all other living expenses. She passed away 12-12-2006. I have returned all her medical machines, paid for her funeral expenses. there are no outstanding bills due. there is a savings account with $2.800 dollars in it and a c.d. with $10.000 and a checking account with about $1.500. My name is on all account's. there is only myself and my sister what is the next step to disburse the funds. my mother was not on state aid, paid for her own health insurance, and she did not have a will.

thank you

--name removed---name removed--


Asked on 1/01/07, 8:10 pm

2 Answers from Attorneys

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

Re: what do I do now that mom passed away

I am sorry about your mother's recent death.

It may depend on how your name is listed on the accounts. If your name appears on all of the accounts in the correct way, then the accounts by-pass probate. This means that there is no estate to probate.

You have not said anything about her personal goods.

If you have other questions, contact me.

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Answered on 1/01/07, 8:22 pm

Re: what do I do now that mom passed away

First, my condolences.

How you proceed will depend on how your name is listed on the accounts. If listed as a joint tenant then the accounts would pass without probate.

Also you need to value her personal property. There is a small estate process for estates of less than $15000.

� 1.6.1 Informal Administration of Small Estates

Two types of informal administration are available in Massachusetts: voluntary administration and voluntary executorship.

(a) Voluntary Administration

Voluntary administration may be applicable "if an inhabitant of the commonwealth dies leaving an estate consisting entirely of personal property the total value of which may include a motor vehicle of which the decedent was the owner, and other personal property not exceeding fifteen thousand dollars in value." G.L. c. 195, � 16.

(b) Voluntary Executorship

Voluntary executorship may be applicable "if an inhabitant of the commonwealth dies leaving an estate consisting entirely of personal property the total value of which may include a motor vehicle of which the decedent was the owner, and other personal property not exceeding fifteen thousand dollars in value, and he leaves a will naming a person to be executor." G.L. c. 195, � 16A.

Depending upon your situation, a Voluntary Administration would seem the easiest way forward and should be inexpensive. You might want to contact an attorney in your area to help you or at least review how the accounts are set-up

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Answered on 1/02/07, 1:40 pm


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