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What is the difference between petition and motion in Massachusetts probate court?
A Petition is a formal written request presented to a court such as the Petition for Administration. A Motion is a written or oral application requesting that the court make a specified ruling or order such as a motion for the court to correct some error in a judgment or to amend a judgment.
What else can I help you with?
How do you change minors last name?
By a petition in the probate and family court.
How do I protect my father's inheritance if he is not legally responsible?
You need to petition the court to be appointed your father's legal guardian. You should consult with an attorney who specializes in estate planning, elder law and probate law in your state.
How do you get a executive of estate in North Carolina?
To obtain an executor of an estate in North Carolina, the named executor must file a petition for probate in the appropriate county court. This involves submitting the deceased's will, if one exists, along with a request to be officially appointed as executor. The court will then issue Letters Testamentary, granting the executor the authority to manage the estate’s assets, settle debts, and distribute property according to the will. If there is no will, the court may appoint an administrator according to intestacy laws.
If Father dies and name not on child's birth certificate can he be an heir?
Not without an extended, and expensive, probate challenge.
What are you entitled to without a will. My dad passed away last year and he was on support from government. My mom and he was separated and not divorced 35 years. Do we need to prove this and how?
YES! You must PROBATE the estate. ( prove) Go to county court house and tell them you want the probate dept and go in and ask them how to do it.
Why did you get a notice of petition for probate of will?
If you received a notice of the petition for probate of a will then you are either a devisee under the will or an heir at law.
In Massachusetts where do you go to be named executor of your deceased parents estate?
You must file a petition in the county probate court. You can perform a quick search for the location in your jurisdiction by searching your county, state + probate court. For example: Middlesex County, MA - probate court.
In intestate cases probate proceedings begin when someone file a petition for?
The probate of an intestate estate is commenced when someone files a Petition for Administration.
Can Child Protective Services take a child away from his teen mother without giving the grandfather a chance to get custody?
Yes. The grandfather can visit the probate court and petition to be appointed the child's guardian.Yes. The grandfather can visit the probate court and petition to be appointed the child's guardian.Yes. The grandfather can visit the probate court and petition to be appointed the child's guardian.Yes. The grandfather can visit the probate court and petition to be appointed the child's guardian.
How do I fill out a petition for probate?
To fill out a petition for probate, you will need to gather information about the deceased person's assets and debts, complete the necessary forms provided by the probate court, and file the petition with the court. It is recommended to seek guidance from an attorney or the court clerk to ensure the process is completed accurately.
How do you change minors last name?
By a petition in the probate and family court.
Who places real property into probate?
If there is a will the named executor must submit the will to probate and petition for appointment as the Executor. If there is no will then a qualified person (family member) must petition for appointment as the Administrator of the estate. When the petitions are 'allowed' the estate comes under the control and supervision of the probate court.
Does property go through probate before death certificate is made public?
No. Generally, the death certificate must be submitted with the petition for probate.
What is the difference between probate assets and non-probate assets?
Probate assets are part of a deceased person's estate that go through the probate process, while non-probate assets pass directly to beneficiaries outside of probate. Probate assets include property solely owned by the deceased, while non-probate assets include assets with designated beneficiaries or joint ownership.
What if the named executor of the will does not have record of the deceased?
Answer: You need proof of death to file a petition for probate.
How can I as a beneficiary apply for my father's will?
You petition the probate court. You may need an attorney to help.
When is a probate procedure required in a family death in the state of Massachusetts?
Generally, a probate is required if the decedent owned any property.
