Call to Schedule a Discovery Meeting: (413) 567-5600
ATTORNEY

JOHN L. ROBERTS

Springfield, Massachusetts

Personal Representative's duty to protect your Loved Ones and the Estate

The person who signs their name to accept responsibility as Personal Representative of a Probate Estate agrees to:

"submit personally the jurisdiction of any court of the commonwealth in any proceeding relating to the estate that may be instituted by any interested party."

I make sure that you and your family are protected when you take on the fiduciary duties of Personal Representativeare.

 

Client Review: When a family member passed away without a will, Atty. Roberts handled all aspects of her estate (court appointing me her personal representative, real estate sale, payoff of all debts including local, state and federal taxes, etc.).

The fiduciary duties require the Personal Representative to take possession of property and transfer it to the proper people. The Personal Representative is also responsible to gather and calculate the value of all estate assets, and accurately report the fair market values on the Probate Inventory form that is due to be filed within 90 days of your appointment.

Advice and assistance with these tasks are included in my Probate Estate Service Plan that is backed by more than 20 years of experience with settlement of large and small estates. You can be confident that all the issues, including taxation and real estate transfer, will get the attention needed to protect you and your family. The wishes and intentions of your loved one will be carried out, and you will be protected.

Here are additional examples of work that I do for the Personal Representative:

  • Prepare and serve Notifications to people named in the Will and any descendents and interested parties who are not named in the Will
  • Assist with negotiations and prepare real estate Purchase and Sale Agreements, and draft Deeds that transfer or sell real estate
  • Complete Estate Income Tax return and Estate Tax return, if required
  • Prepare the Final Probate Account, to close out the Estate

My office will prepare all of these documents, and work with your accountant, your real estate broker, your appraiser and other professionals to efficiently gather all of the needed information. Here are some of the many State Laws that cover an Estate, creditors of an Estate, and you as a Personal Representative:

 
Old Laws - Repealed
Mass. Probate Code
Eff. April 2012
Order in which debts must be paid
Mass.Gen.Laws §198 § 1
§ 3-805
Creditors must comply with Probate laws within one year of death.
Mass.Gen.Laws ch.197, §9
§ 3-803
Creditors must follow special procedures.
Mass.Gen.Laws ch.197
§ 3-804
Medicaid liens against nursing home residents, and people age 55+. Mass.Gen.Laws ch. 118E §31 - 32
Mass.Gen.Laws ch.197, §9(d)

§ 3-805

Personal Representative of an Insolvent Estate divides what remains to pay creditors.
Mass Gen Laws ch. 197 and 198
§ 3-807(b)

I have saved clients many thousands of dollars, and protected their Estates from unnecessary and improper claims by creditors. Besides handling all the money and property, your role as Personal Representative probably puts you in the position of managing intense emotions that go with the loss of a loved one. Sensitivity and compassion for everyone involved with the Estate are very important. I understand.

To make sure that your decisions are intelligent, and the transfer of assets is orderly, call to schedule an educational Meeting to discuss your role as Personal Representative: (413) 567-5600.

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client Resources
  • Settling the Affairs of a Loved One, and Safeguarding the Estate
  • Funeral Arrangements and Emotional Care for You and Your Family
  • Capacity, Undue Influence and Other Objections to Will Documents
  • PDF Checklist For Probate and Estate Settlement Clients: Estate Assets Checklist and Certification Form
  • Save Time and Money on Probate of A Small Estate
  • Important Reasons to Prepare a Will
  • How An Elder Law Attorney Prepares a Will that Protects Your Interests
  • The Trust & Estate Planning Calculator we create during your Discovery Meeting
  • PDF Checklist Power of Attorney Selection Checklist
  • Six Planning Tools to Consider, if Your Goal is Avoiding Probate.
  • 9 Risks You Must Consider Before Transferring Your House to Joint Ownership or Life Estate
  • Probate Court Guardianship: Planning Can Protect Your Rights
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