When a Loved One Dies: The Legal Landscape

Guide to Handling a Loved One's Affairs After Their Passing in Massachusetts

Dealing with the loss of a loved one is an emotionally challenging time, made even more complex by the legal and financial aspects that must be addressed. In Massachusetts, understanding the legal landscape when a loved one passes away is crucial to ensure a smoother transition during this difficult period. Let's explore what steps you can take and how we can help you navigate this process.

Handling the Financial Affairs of the Deceased: Understanding Authority

Upon a loved one's passing, it's vital to comprehend the various assets left behind and the steps required to access and manage them. Here's what you need to know:

Power of Attorney: If you held power of attorney for your family member during their lifetime, it's essential to recognize that this authority ceases upon their death. For assets subject to probate, you'll need court approval as the personal representative or executor before any transactions can occur.
Assets That Transfer Without Probate Court Approval: Assets can be either "probate" assets, meaning they have to pass through probate court, or "non-probate assets," meaning they pass automatically to the beneficiary. We describe the two kinds of assets in more detail below.

Non-Probate Assets: Assets That Pass Automatically

Non-probate assets typically fall into two categories:

Jointly Owned Assets or Accounts: This includes real estate jointly owned by spouses and joint bank accounts. Updating signatories and accessing funds in joint bank accounts can be done by presenting a death certificate to the bank.
Accounts With Beneficiary Designations: Commonly, life insurance policies and brokerage accounts have preexisting beneficiary designations. Some banks also offer "transfer on death" forms that function similarly to beneficiary designations. Locating these assets is a significant part of the process, and providing the necessary documentation, such as a death certificate, to the respective institutions simplifies the process.

Assets Requiring Probate Court Approval

Assets not falling into the non-probate categories will necessitate Probate Court approval before distribution. This typically includes vehicles, individually owned real estate, personal property, and individual bank accounts. While some assets may be sold by the estate before probate completion, they must be authorized by the court, and the proceeds held by the estate until final distribution approval.

Starting the Probate Process: Informal vs. Formal Administration

Massachusetts offers two estate administration options: informal and formal. Informal administration is typically available when the original will is intact and there are no handwritten notations or additions. It's also suitable when all heirs are known and their locations are identified. Even in cases where there's no will, informal proceedings can be employed to appoint a personal representative, provided you follow required notice procedures and face no objections from other heirs.

Identifying the appropriate proceeding for your situation is the initial step, which entails identifying all heirs named in the will or those who will inherit under Massachusetts intestacy laws. Notice to these individuals is essential during the filing process. You will also require an original will (if available) and an original death certificate.

For most families, informal proceedings are applicable and can be pursued with or without legal representation. The state provides online instructions for probating an estate, but overlooking a step can result in prolonged settlement and asset distribution timelines. Our experienced team can assist you in navigating this process efficiently.

First Steps After the Loss of a Loved One

When you're ready to address the financial matters surrounding your loved one's passing, consider the following steps:

Locate Estate Planning Documents: The will is of utmost importance early on as it identifies the personal representative. Appointing someone in this role is essential for managing probate assets.
Informal Inventory: Create an informal inventory of bank accounts, insurance policies, and investment accounts. Identify those with joint ownership or beneficiary designations.
Gather Bills: Collect recurring and outstanding bills, allowing you to prioritize immediate payments and those that can wait until the probate process commences.
Multiple Death Certificates: Obtain multiple original death certificates from the city or town clerk's office where the death occurred. Having at least as many as there are joint accounts or accounts with beneficiaries, plus one for the Probate Court filing, is advisable.
Notify Relevant Parties: Notify life insurance carriers of the death and provide beneficiary information. Inform banks or investment firms holding jointly-owned funds.
Begin Personal Representative Appointment: Initiate the process of appointing the appropriate person as the personal representative.

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