Guides
Massachusetts probate articles
- A Dog Named Licorice
2023-12-27
Some people like their dogs more than people. Such was the case with Theresa Jablonski, who left her entire estate to a testamentary trust for the benefit of her dog Licorice, created under the terms of her will. In In re Estate of Jablonsk…
- Both Personal Representatives Required to Sue on Behalf of Estate in Massachusetts
2020-02-19
A 2020 case from Massachusetts explains the importance of standing sue, especially when personal representatives of estates are involved. The Massachusetts case, Fisher v. Fisher, 2020 Mass. LCR LEXIS 24 (Land Ct. Feb. 14, 2020), requires t…
- How Do You Make a Valid Will In Massachusetts?
2021-01-13
To make a valid will under Massachusetts law, the will must be: In writing; Signed by the testator or by someone else in the testator’s name in the testator’s presence and at the testator’s direction; Witnessed and signed by at least two wi…
- Is an Irrevocable Spendthrift Trust Subject to Division in Divorce?
2020-02-14
Good estate planning can oftentimes revolve around asset protection - will the assets left for the benefit of children be subject to the creditors of the children, or be subject to seizure by an ex-spouse. A recent case from the Massachuset…
- Massachusetts Supreme Court: Claims For Intentional Interference With an Expectancy and Unjust Enrichment Not a Trust Contest Subject To One-Year Statute Of Limitation
2022-01-03
In Sacks v. Dissinger , a December 29, 2021 opinion from the Massachusetts Supreme Judicial Court, the Court reversed the lower court’s granting of Defendants’ motion to dismiss Plaintiffs’ claims for undue influence in a trust and estate c…
- Massachusetts Supreme Judicial Court: Personal Representative’s Power To Pay Claims Extinguished After Three Years
2021-01-04
In In re Estate of Kendall , the Massachusetts Supreme Judicial Court decided whether the personal representative of the Estate of Jacqueline Kendall was required to pay a creditor claim for reimbursement from the Commonwealth’s MassHealth …
- Surviving Spouse Rights Massachusetts
2019-10-17
Surviving spouse rights in Massachusetts include: Intestate Share Elective Share Exempt Property Family Allowance In order to preserve all rights and benefits granted under the law, a surviving spouse must adhere to time-sensitive de…
- What Does the Term Issue Mean in Probate
2020-02-06
The imprecise use of language is a common problem in probate litigation. The recent case of In re Estate of Payson, 93 Mass. App. Ct. 1124, 110 N.E.3d 1221 (2018), demonstrates a problem with the term "issue" and what it actually means in p…
- Who Are Next of Kin In Massachusetts?
2020-07-30
The term next of kin in Massachusetts generally means the blood relations to the decedent, and does not include spouses. However, when used in the inheritance context, next of kin is generally used interchangeably with heirs at law and incl…
- Who Can Be Personal Representative In Massachusetts?
2021-12-09
The basic requirements for serving as a personal representative in Massachusetts are that the personal representative must be: At least 18 years old, and Of sound mind (not adjudicated incapacitated). MA Gen L ch 190B § 3-203 . In a formal …