Leading Estate Planning Attorney Sam Allen, founder of Law Mom, LLC in Duxbury, MA clarifies that whether a person passes away with or without a will, their estate and assets must still undergo probate court proceedings. For more information please visit https://lawmom.com
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When a person dies without a will, it can set off a chain reaction that will likely end in a court and a judge deciding on the direction of their assets, disclosed Massachusetts Estate Planning Attorney Sam Allen.
For more information please visit https://lawmom.com
The Founder of Law Mom, LLC., explained that irrespective of someone dying with or without a will, their estate or assets still go through the probate court.
If someone dies without making a valid will, otherwise known as dying intestate, their estate is subject to that state’s intestate process. The property will be distributed according to intestate succession laws.
Allen, whose law firm is based in Duxbury, MA with a satellite office in Newbury, MA said that a probate court judge will oversee the estate administration process and have the ultimate decision-making regarding the estate.
Even when someone dies with a will, before the assets are distributed, a proper probate proceeding must be filed with the appropriate court. If the court accepts the filing, the court will likely appoint the personal representative named in the will to distribute the assets. When someone dies without a will, the court can still appoint someone to act as a personal representative, and typically, any interested party can petition the court to serve as a personal representative. This person will have the same duties and responsibilities as a named personal representative in a will. It is common for an heir at law, such as a child of the deceased or a surviving spouse, to petition the probate court to be named a personal representative and start the process.
When identifying the beneficiaries of an estate without a will, the court will utilize state laws on intestate succession to identify classes of heirs and the share of the estate they are entitled to inherit. These laws vary by state.
Once the final debts of an estate are paid, the most common heirs to the remaining estate are spouses, children, parents, and siblings. Closer relatives will receive an inheritance before distant relatives. Intestate succession laws would specify more distant relatives if the deceased had no immediate family member heirs. These might include aunts, uncles, and cousins. For blended families, such as families with adopted children, half-siblings, or children from prior marriages, the intestate succession laws can become particularly complex.
Friends and charities are omitted from intestate succession laws. The entire estate goes to the state if there are no surviving family members.
She highlighted that a probate court overseeing this process can have two significant benefits: it can prevent inter-family rows from bubbling up as it will be the probate judge, not the personal administrator, who will make final decisions based on intestate succession rules. Secondly, the process may reduce the deadline for a creditor to make a claim against the estate.
She added that unless property and assets, such as cars and accounts, were jointly owned or had a named beneficiary, the change of ownership, or title and even financial matters would have to be subject to the probate court’s process.
“While the probate court ensures that the process is lawfully resolved, it also tackles any arising legal issues,” Allen commented.
When it comes to minors, usually, the surviving parent will get custody. However, if the parents have passed away, the court will likely seek out close family members, or someone who can best protect the children’s interests to become guardians. If no one is available, the children may be fostered if they become wards of the state.
Allen concluded: “While dying without a will is not uncommon, the clear message here is to get advice from an experienced attorney in that field and begin the estate planning journey early. It will offer peace of mind to you and your loved ones and set clear guidelines on how you want your assets distributed and to whom.”
Source: http://RecommendedExperts.biz
Contact Info:
Name: Sam Allen
Email: Send Email
Organization: Law Mom, LLC
Address: 5 Chestnut St, Duxbury, MA 02332, United States
Phone: (781) 327-6070
Website: https://lawmom.com
Release ID: 89111570
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