Essex County Probate Attorney Advising You Throughout The Entire Probate Process
Leaving a lasting legacy for your loved ones is important. My family has understood this for generations. For over the last two centuries, the Kimball family has provided legal guidance to families like yours, helping them navigate complex legal matters involved with Probate and Trust Administration. Today, I continue this legacy at the Law Office of Matthew J. Kimball, P.C.. With 15 years of experience, which includes serving as a Personal Representative and Trustee for my clients, I bring experience and compassion to every case, guiding you through the Probate and Trust administration process with personalized attention and care.
What To Expect During Probate In Massachusetts
Probate is the legal process of settling a person’s estate after they pass away. In Massachusetts, you must file for probate within three years of a person’s death. The process typically takes 9-12 months, but complex cases may take longer.
Probate involves confirming the validity of a will, taking inventory of assets, paying debts and taxes, and distributing the remaining assets to beneficiaries. Depending on the details of the decedent’s estate and other factors, estates will generally go through one of two types of probate:
- Informal probate: A quicker, simpler process suitable for estates without disputes. It doesn’t require a court hearing, allowing the personal representative to manage the estate soon after filing the necessary paperwork.
- Formal probate: Used for complex estates or when disputes arise. This process involves court hearings and more oversight, necessary for issues like will validity or large, complicated estates.
As your probate lawyer, I will help you navigate these steps, ensuring you meet deadlines and fulfill legal requirements.
Common Probate Challenges
Unfortunately, probate can be a time of conflict and dispute, especially when emotions are running high, or there is already existing family tension. Under these circumstances, parties may encounter challenges during probate, including:
- Disagreements about a will’s validity
- Disputes among family members about inheritance
- Challenges navigating estate administration and tax requirements
These issues can cause delays, conflict and even legal disputes, impacting the timely distribution of assets and potentially diminishing the legacy a person leaves behind.
Do All Estates Go Through Probate?
While probate is necessary for many estates, it’s not always required. For instance, estates with few or no assets can go through a voluntary, simplified process.
Further, there are estate planning strategies people can use to avoid probate, such as trusts and joint ownership of real estate. As part of my probate administration services, I can advise you on these options and help determine the best approach for your situation.
Trust Administration Services
I can serve as your professional trustee of your Trust, and can also help you navigate through the complexities of serving as a Trustee of a Trust, whether it’s related to the sale or management of Trust real estate, preparing and distributing your Trust accounting, making distributions to the Trust beneficiaries in accordance with the terms of the Trust, and assisting your accountant relative to the preparation and filing of any Trust tax returns. During our consultation, I will review the terms of the Trust in a clear and concise manner, outlining your fiduciary duties and other responsibilities as Trustee, and will lead you step-by-step through the Trust Administration Process.
Call Me Today To Plan For Tomorrow
Planning for the future with an elder law and probate lawyer like me can provide peace of mind and potentially simplify the probate process. Call 781-334-3200 or send me a message to talk about your probate concerns today.