Probate

Roberta A. Schreiber handles all aspects of estate administration in Essex, Middlesex, and Suffolk Probate Courts. Probate is the legal process by which a person's Will is approved by a Probate Court Judge and the Executor of the Estate is appointed. The provisions of your Will determine how your debts, funeral expenses, and estate taxes are paid, and how your assets are distributed after your death. The person named in your Will as the "Executor" is responsible for paying your debts and expenses, locating all of your bank and investment accounts, collecting life insurance benefits, and distributing your assets as directed by you in your Will. For a person without a Will, a Petition for Administration must be filed in the Probate Court by one or more family members, so that the decedent's assets can be distributed to his or her "heirs-at-law". In this case, State law determines how your assets will be distributed.

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 twenty 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. Roberta has experience in acting as a mediator in family disputes and Will contests and will help you anticipate and deal with the 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, if you have questions about your rights as the beneficiary of a Will or Trust, please contact us for initial consultation.