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Becoming Estate Personal Representative
Summary
To become the personal representative of your moms estate in Massachusetts, file a petition with the probate court, provide the will, notify heirs, and attend a hearing. If siblings were disinherited, they might contest the will, but they generally have one year from the wills admission to probate to do so. After a citation, they have 30 days to respond. If they lack proof of undue influence, lack of capacity, or fraud, their contest is likely to fail. Consulting an attorney can help strengthen your position.Full Conversation
Massachusetts
In Massachusetts, here’s what you need to do:
- File a Petition: Submit a petition to the probate court in the county where your mom lived.
- Provide a Will: Include the will with your petition if available.
- Notify Heirs: Notify all heirs and beneficiaries.
- Attend Hearing: Attend a court hearing, if required.
- Obtain Letters of Authority: Once appointed, you will receive Letters of Authority to act as the personal representative.
Do you need any specific forms or additional information on how to start the process?
- File a Petition: Submit a petition to the probate court in the county where your mom lived.
- Provide a Will: Include the will with your petition if available.
- Notify Heirs: Notify all heirs and beneficiaries.
- Attend Hearing: Attend a court hearing, if required.
- Obtain Letters of Authority: Once appointed, you will receive Letters of Authority to act as the personal representative.
Do you need any specific forms or additional information on how to start the process?
Siblings was disinherited and probate prolonged a signing of pr
It sounds like there may be some complications with the probate process. In Massachusetts, you can still proceed with your petition. If your siblings were disinherited, they might contest the will, which could prolong the process.
Would you like more information on handling potential will contests or the specific forms needed to start the probate process?
Would you like more information on handling potential will contests or the specific forms needed to start the probate process?
How long do they have to contest the will
In Massachusetts, interested parties generally have one year from the date of the will's admission to probate to contest it.
Would you like information on the process of contesting a will or how to strengthen your position as the personal representative?
Would you like information on the process of contesting a will or how to strengthen your position as the personal representative?
If the citaion stayes 30 days after that can they contested it
In Massachusetts, after a citation is issued, interested parties typically have 30 days to respond or contest. If no response is made within those 30 days, the probate process can proceed. However, they may still contest the will within one year of its admission to probate.
Would you like more information on how to proceed with the probate process or handle potential contests?
Would you like more information on how to proceed with the probate process or handle potential contests?
Yes
In Massachusetts, it's important to proceed with the probate process carefully, especially with potential will contests. Here are some additional steps you can take:
- Consult an Attorney: For guidance on managing potential will contests.
- Document Everything: Keep detailed records of all communications and filings.
- Follow Court Instructions: Adhere strictly to court deadlines and requirements.
Would you like more specific forms to start the probate process or assistance in finding an attorney?
- Consult an Attorney: For guidance on managing potential will contests.
- Document Everything: Keep detailed records of all communications and filings.
- Follow Court Instructions: Adhere strictly to court deadlines and requirements.
Would you like more specific forms to start the probate process or assistance in finding an attorney?
If my mom stated why the disinherited took place why can they contested the will
Even if your mom stated why your siblings were disinherited, they can still contest the will if they believe they have valid grounds, such as undue influence, lack of capacity, or fraud. The court will evaluate the merits of their claim.
Would you like more information on how to defend against a will contest in Massachusetts?
Would you like more information on how to defend against a will contest in Massachusetts?
What kind of proff do they need cuz they been out of there life for over 10 years
In a will contest, here are some proofs your siblings might need to provide:
- Undue Influence: Evidence that someone unduly influenced your mom.
- Lack of Capacity: Proof your mom lacked mental capacity when creating the will.
- Fraud: Evidence of fraudulent actions or misleading information.
Would you like more information on how to defend against these claims?
- Undue Influence: Evidence that someone unduly influenced your mom.
- Lack of Capacity: Proof your mom lacked mental capacity when creating the will.
- Fraud: Evidence of fraudulent actions or misleading information.
Would you like more information on how to defend against these claims?
If they dont have that what happens
If your siblings cannot provide valid proof of undue influence, lack of capacity, or fraud, their will contest is likely to fail. The court will uphold the will as long as it meets all legal requirements.
Would you like guidance on how to strengthen your position as the personal representative?
Would you like guidance on how to strengthen your position as the personal representative?
Do they have legal grounds
It seems your siblings may not have strong legal grounds if they can't provide proof of undue influence, lack of capacity, or fraud. However, they still have the right to contest the will. Consulting an attorney can help strengthen your position.
Would you like more information on defending against potential will contests?
Would you like more information on defending against potential will contests?
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