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Probate and Why You Should Avoid It. Probate is the court procedure of proving a will after someone (the decedent) who has completed his or her last will and testament dies. If you have a will and ...
Here are the main reasons people try to avoid probate court: It saves time: Probate can take several months or even years to complete, during which time assets are off-limits to beneficiaries ...
The Court also has general equity jurisdiction. The Probate and Family Courts of Massachusetts serve 14 counties: Barnstable, Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex, Nantucket, Norfolk, Plymouth, Suffolk, and Worcester. In addition to probate matters, the courts archive divorce and estate records, wills ...
In some cases, the threat of a will contest is intended to both pressure the estate into avoiding the expense of a trial and forcing an out-of-court settlement more favorable to disgruntled heirs. [3] However, those who make frivolous or groundless objections to a will may be forced to pay the costs for both sides in the court battle. [28]
The court has "exclusive jurisdiction over probate matters such as wills, trusts, guardianships, and conservatorships. The Court also has jurisdiction over family-related matters such as divorce, support, paternity establishment, family abuse protection, elderly abuse protection, disabled person's abuse protection, custody, and adoption." [2]
Probating an estate is an expensive, time-consuming and sometimes adversarial affair. It is possible, and sometimes advisable, to avoid probate. With the help of an estate planner and, perhaps, an ...
Without a beneficiary designation and even if you have a will, your individual account must go through probate — a court process that oversees how your assets are distributed after death ...
The testator's property is subject to probate until such time as the pour-over clause is applied, and the estate assets "pour" into the trust. The trust instrument must be either in existence at the time when the will with the pour-over clause is executed, or executed concurrently with the will to be a valid pour-over gift.