Estate Settlement

The passing of a loved one can be devastating. While the legal procedures or finances of a departed relative or friend is not something you likely want to consider during an already difficult time, state and federal requirements make it an inevitable part of the mourning process. At the law firm of Hutchings Barsamian Mandelcorn, LLP, we routinely assist administrators, executors and personal representatives with the proceedings relating to a decedent's estate in probate court. With years of experience and a vast knowledge of the laws and procedures of the Commonwealth of Massachusetts, we work to maximize returns and minimize the frustration associated with the lengthy probate process.

At the start of the process, we will help you to understand all of the necessary steps involved and provide you with a detailed overview of your legal responsibilities. If there is a will in place, we will work with you to prepare the appropriate petition asking the Court to allow the will and approve the executor (the individual named by the decedent to oversee the distribution of the estate). When there is no will, our legal team will help you file the appropriate documentation to initiate the administration process. 

During this time, a number of steps must be taken by the personal representative; these generally include, but are not limited to: 

• Locating any and all estate planning documents executed by the decedent;
• Notifying heirs and creditors of the death;
• Creating a detailed inventory of the estate;
• Resolving any claims against the estate;
• Preparing federal and state tax returns; and
• Obtaining court approval and distributing assets to beneficiaries (this may be determined by the decedent or if no estate plan is in place, may be done according to Massachusetts Intestate Succession laws).

The role of personal representative or executor is not something to be taken lightly, and without the right legal guidance, it can become an incredibly time consuming and daunting task. This can be further compounded if the representative does not reside in the same city or state as the decedent. Our firm routinely represents “out of town” clients and in most cases, we can appear in court on your behalf reducing the amount of travel time and expense associated with court appearances. 

Estate Taxes

Taxes are an inevitable part of life and in some cases, are even owed upon death. Massachusetts residents are subject to both state and federal taxes, if an estate is valued to be above a certain threshold. According to Massachusetts state law, if an estate is valued at one million dollars or more, than a Massachusetts Estate Tax Return would have to be filed and appropriate taxes paid within 9 months from date of death. The Federal Estate Tax is separate from that of Massachusetts and in 2015, the exemption is $5.43 million; this too must be filed and paid within 9 months from the date of the decedent’s death. It’s important to note that estate tax exemptions are subject to frequent changes, which is why the guidance of an experienced attorney is essential during estate settlement. 

If you are in the Newton, Weston or Hingham, Massachusetts area and have recently suffered the loss of a loved one, it’s imperative that you contact an experienced attorney before any assets are touched or proceedings initiated.  Our team of probate attorneys and paralegals can help you during every step of the process to resolve the matter as quickly as possible and minimize the cost to the estate. Contact us today to schedule your consultation. You can call our office in Wellesley Hills at (781)207-1717.



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110 Cedar Street, Suite 250, Wellesley Hills, MA 02481
| Phone: 781.431.2231

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© 2015 Hutchings Barsamian Mandelcorn, LLP | Disclaimer | EP News
110 Cedar Street, Suite 250, Wellesley Hills, MA 02481
| Phone: 781.431.2231
Law Firm Website Design by Zola Creative