North Reading Probate Lawyer

EXPERIENCED PROBATE ATTORNEY TO REPRESENT EXECUTORS AND BENEFICIARIES

Attorney Roberta A. Schreiber has handled all aspects of estate administration in Essex, Middlesex, Suffolk, and Norfolk Probate Courts for more than thirty years. Probate is the legal process by which your Will is approved by a Probate Court Judge, and persons named as Guardian of minor children and Executor of the Estate are appointed.

The provisions of your Will determine who will act as Guardian for your children until they reach the age of eighteen, how your debts, funeral expenses, and estate taxes will be paid, and how your assets will be distributed after your death. But until a Probate Court Judge determines that your Will is valid and "allows" it, these provisions cannot be carried out your by Executor and the Guardian of your minor children. When he or she is officially appointed by a Probate Court Judge, the Executor may start carrying out his or her responsibilities, including the following: paying your debts, expenses, income and estate taxes, locating all of your bank and investment accounts, collecting life insurance benefits, and distributing your assets as directed by you in your Will. You may name more than one Executor and you should name a Successor Executor, in case the original Executor cannot serve.

For a person without a Will, a Petition for Administration must be filed in the Probate Court by one or more family members. In the Petition, those family members will request that the Court appoint them as Administrators of the Estate. The Administrators must determine who the "heirs-at-law" are, so that the decedent's assets can be distributed to them. In this case, State law determines who your heirs-at-law are and how your assets will be distributed to them. See the Article titled What is Probate? for more detailed information about the probate process.

Dealing with the estate of a loved one can be difficult and must frequently be done at a time when you do not feel up to the task. Settling an estate is a lot of work. As Executor, you must distribute personal items to family members and friends, clean out the family home, sell cars and personal property, obtain appraisals of the real estate and other assets, locate all bank and investment accounts, set up one or more estate accounts, provide the information needed for an Estate Tax Return, and, of course, deal with the beneficiaries of the Will. If there is real estate, you will have to deal with the real estate broker, obtain a License to Sell Real Estate from the Probate Court, and attend the closing. You may have the added responsibility of acting as the Trustee of a Trust established by a family member. Roberta has represented family members in settling Estates for more than thirty years. She has developed checklists and questionnaires to assist the Executor of an Estate and the Trustee of a Trust in carrying out their responsibilities correctly and within the required time limits.

Dealing with the beneficiaries of the Will or Trust can be difficult, particularly if someone is not happy with the terms of the Will or Trust. When there is no Will, there can also be disputes if family members cannot agree on who should be appointed as Administrator of the Estate. Roberta has experience in acting as a mediator in family disputes and Will contests and will help you anticipate and deal with difficult situations and unhappy heirs-at-law. If necessary, she will represent you in a Will contest or a Probate Court proceeding to clarify the terms of a Will or Trust. Roberta has experience in preparing probate accounts, trust accounts, fiduciary tax returns, and Estate Tax Returns, and representing Executors when an Estate Tax Return is audited.

If you need assistance in administering an Estate or Trust, or if you have questions about your rights as the beneficiary of a Will or Trust, please contact us for initial consultation.