If you recently lost a loved one and learned that you were named by the decedent to be the Executor of the estate, you are probably feeling a bit overwhelmed.  Even with the best of intentions, mistakes can occur – especially if this is the first time you have served as an Executor.  The Beverly probate attorneys at DeBruyckere Law Offices want to help you by discussing the top five probate mistakes you want to avoid making.What Is Probate?Before focusing on common mistakes, it may be … [Read more...]

The loss of a loved one is difficult to accept under the best of circumstances. It is ever more difficult to accept, however, when you have reason to believe that the Last Will and Testament submitted for probate is not valid. One of the most frequently used grounds in a Will contest is to claim that the Testator  lacked the requisite “testamentary capacity.” What exactly is testamentary capacity and how do you prove that the Testator lacked the necessary capacity to execute his/her Will … [Read more...]

The time period following the loss of a loved one can be very stressful and confusing. Trying to figure out the practical steps that need to be taken in the midst of the grief you are experiencing can be overwhelming.  If you were entrusted with an original, signed copy of the decedent’s Last Will and Testament you undoubtedly realize you are supposed to do something with the Will, but you may not know exactly what that is.  The New Hampshire probate attorneys at DeBruyckere Law Offices explain … [Read more...]

When a loved one passes away, there are a multitude of practical and legal concerns that must be addressed despite that fact that you are grieving the loss. Among the most important of those concerns is the need to administer the estate and distribute the assets of the decedent. Often, that requires the estate to go through the lengthy and costly process of formal probate. If the decedent did not own any real property, however, you may be wondering if probate is still necessary.  Because every … [Read more...]

Creating a successful estate plan requires you to consider a wide range of factors that may impact you, your assets, and/or your plan at some point over the course of your lifetime. One of the most important of those factors is taxes. In fact, failing to consider the impact that gift and estate taxes may have on your estate plan can be a fatal flaw. Given the highly individualistic nature of estate planning, you will need to consult with an experienced estate planning attorney to determine … [Read more...]

Probate is one of those things that you have probably heard of, but know very little about unless you have been through the probate of an estate at some point during your lifetime. Everyone, however, should have at least a basic understanding of the probate process for their own estate planning purposes. Because the primary purpose of probate is to distribute your estate assets after your death, you should understand the relationship between probate and property. To help you, consider the … [Read more...]

Whether you have been notified that you were appointed as the Executor of an estate, or you are planning your own estate and need to appoint an Executor, it is important to understand the duties and responsibilities of an Executor. "Executor" is also sometimes referred to as "Personal Representative".  Unfortunately, people frequently name someone as their Executor without taking the time to contemplate what it means to be an Executor and, therefore, whether or not the individual is actually the … [Read more...]

The death of a family member or loved one is typically followed by a period of grief and mourning. If you were named as the Executor in the decedent’s Last Will and Testament, however, it also means navigating Massachusetts probate. If this is your first time serving as the Executor of an estate (also referred to as a "Personal Representative"), you are likely feeling a bit overwhelmed at the prospect. The best decisions you can make right now is to consult with an experienced Massachusetts … [Read more...]

If you find yourself involved in the probate of an estate for one of several reasons, and you have never been through the probate process before, you likely have a number of questions about the process itself and your role within the process. One of the most common questions people who are involved in the probate of an estate have is “how long does take?” Because the probate of an estate is such an individualized process, there is no way to provide a universal answer to that specific question. … [Read more...]

There is a very good chance that you will find yourself in the Massachusetts probate court at some point in your life. You could be there as the Executor or Personal Representative of the estate of someone who recently died. You could also be there because you are a beneficiary or heir of an estate. Regardless of the reason, it can be somewhat intimidating to find yourself involved in a legal matter in a court with which you are unfamiliar. Although every probate process is as unique as the … [Read more...]