Probate Law – Wills, Trusts, Estates

At Princi Mills Law PC, we represent individuals and families in all areas of probate law, from estate planning to processing estates and resolving probate disputes. All our lawyers have extensive experience in probate law. When appropriate, we enlist the help of specialized tax planners and other specialists as needed. We work closely with our clients to determine what kind of planning documents best match your goals, age, general health and financial situation. This may include:

• Wills
• Trusts
• Power of attorney
• Living wills and/or health care directives
• Medicaid planning

Regardless of your age or financial situation, it is always best to set up an estate plan as soon as possible. It is the only way to make sure that your property and assets will be distributed according to your wishes after you are gone.

Probate And Estate Administration Services

Our attorneys have helped thousands of people carry out their duties as administrators and trustees. We help with all aspects of the process including locating heirs, evaluating and distributing assets and resolving tax issues. In cases where a loved one passes away without leaving a will or trust, we help families navigate the Massachusetts probate system.

Disputes Between Beneficiaries During Estate Processing

Family estate disputes are among the most sensitive litigations, usually pitting one family member against another. Over the decades, our attorneys have handled hundreds of these cases and put that experience to work for our clients. We know how to work with families to resolve will contests, trust disputes and beneficiary disputes. Our goal is to bring about effective and practical results with minimal stress.

Frequently Asked Questions About Massachusetts Probate Law

Families across Southeastern Massachusetts have shared concerns about probate and estate administration. Below are answers to some of the questions they ask us.

Who inherits my property if I die without a will in Massachusetts?

If you die without a will in Massachusetts, your property is distributed to your close relatives under the Massachusetts General Laws c.190B, Article II, § 2-102 and § 2-103. The court first appoints a personal representative to assist with the distribution of the estate. Here is the general breakdown of how the assets are distributed.

• Spouse and no children or surviving parents: The spouse inherits everything
• Children but no spouse: Children inherit everything
• Spouse and children who are also yours: The spouse inherits everything
• Spouse and children who are yours, but the spouse has other children from another relationship: The spouse inherits the first $100,000, plus half of the balance, while the children inherit the remainder
• Spouse and your children who are not your spouse’s: The spouse inherits the first $100,000, plus half of the balance, while the children inherit the remainder
• Spouse and parents, but no children: The spouse inherits the first $200,000 of the property, plus three-quarters of the balance, while the parents inherit the remainder
• Parents, but no spouse or children: Parents inherit everything
• Siblings but no spouse, children or parents: Siblings inherit everything

Unmarried partners or stepchildren who have not been legally adopted do not have inheritance rights. Our attorney can help you plan effectively to ensure your wishes are honored.

How long does the probate process usually take in Massachusetts courts?

An uncontested Massachusetts probate can take between nine and 14 months to complete, while complex estates may take 18 months or longer. A major factor affecting probate timelines is Massachusetts’s creditor protection period, which is normally one year from the date of death.

Moreover, will contests, family disputes and complex assets such as businesses and investment portfolios can also delay the probate process, as they require additional analysis. Creditor disputes, missing heirs or incomplete records may also cause delays. Our lawyer will guide you through every stage of the process to ensure better outcomes.

What is the difference between Massachusetts’s informal probate and formal probate?

An informal probate is an administrative process handled by a Massachusetts Uniform Probate Code magistrate rather than a judge. It is done when the original will is available, and there are no disputes. The process is normally faster and less expensive.

On the other hand, a formal probate involves court hearings and judicial review. It is conducted when the validity of a will is disputed or the will is entirely missing. The process can extend the timeline and increase costs.

Contact Princi Mills Law PC Today

For assistance in setting up an estate plan, administering an estate or representation in an estate dispute, contact us for a free initial consultation. Call 508-519-3302 or fill out our online contact form.