Understanding a Voluntary Administration Requirement

My state is Massachusetts:

I am a resident of Texas, and have a question about claiming Unclaimed Property of my Grandfather's that the State of Massachusetts Treasurer is holding.

The property is a bank account balance of $2,400 that was reported and turned over to the treasurer in 2004. My grandfather died in 1957 as an intestate, and I expect his estate has gone thru Probate and was closed. Neither his wife, nor his immediate chlidren are alive, and only his daughter, my Mother, had children.

The State of Massachusetts is asking that I establish a Voluntary Administration on my Grandfather's estate, and to be appointed as the voluntary administrator by the Worcester Probate Court in order to claim this $2,400. As I see it, this is the opening of a formal estate with numerous reports and accountings to be made to the Probate Court, documenting where the asset came from, how much it was and where it went. Reports that cost $150 each to file. And since I'm a non-resident of Massachusetts, I would have to hire a lawyer to handle the court proceeding for me as a cost of approximately $4,000-$6,000 in legal fees. This seems like an excessive requirement to impose on me to be able to claim an asset that legally vested in me at the time of my Mother's death in 2001.

Anyone have any comments, or suggestions, that would help to clarify this problem? and maybe suggestions on how to solve my delemma? An affidavit of some sort?

Thanks in advance...

Check at the county courthouse probate court/surrogate court for whatever county in Massachusetts is applicable to find out for sure whether your grandfather had an estate that was probated, just for your own curiosity and so you will be able to explain that aspect to the unclaimed property office if they ask.

Have you contacted different attorneys to explain your situation (pleading poverty) to get different fee quotes? Surely all of them would not tell you that it costs $4,000 - $6,000 to get this done. Do you know what the executor fee is for Massachusetts? Law says that is reasonable compensation allowable by law, so you need to ask a probate attorney exactly what the fee is and how it is calculated.

Have you inquired at the Worcester County Probate Court to see if perhaps there are simplified procedures especially for smaller estates?

Seems like a lot of trouble to you, but this is the only way that the state can insure that the monies are distributed to the legal heirs only.


DANDY DON IN OKLAHOMA ([email protected])

Dandy Don said:

Check at the county courthouse probate court/surrogate court for whatever county in Massachusetts is applicable to find out for sure whether your grandfather had an estate that was probated, just for your own curiosity and so you will be able to explain that aspect to the unclaimed property office if they ask.

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I did, and the Probate clerk could not find anything under his name.

Dandy Don said:

Have you contacted different attorneys to explain your situation (pleading poverty) to get different fee quotes? Surely all of them would not tell you that it costs $4,000 - $6,000 to get this done. Do you know what the executor fee is for Massachusetts? Law says that is reasonable compensation allowable by law, so you need to ask a probate attorney exactly what the fee is and how it is calculated.

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The figure $4,000-$6,000 came from a Lawyer's billing for services and legal fees for the probate of my aunt that took about four years. That lawyers total charges were $70,000.

Dandy Don said:

Have you inquired at the Worcester County Probate Court to see if perhaps there are simplified procedures especially for smaller estates?

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Yes I did, and they have small estate administrations as most other states have.

Dandy Don said:

Seems like a lot of trouble to you, but this is the only way that the state can insure that the monies are distributed to the legal heirs only.

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It sure seems that way, That's why I'm addressing it here, so that I might be able to get some understanding of what to consider.

One of the very puzzling things to me is how a court would determine the distributions of an estate if I opened one. Since my grandfather, whose wife had died previously, had four children, including my Mother, who all lived beyond his death, but have since died, how does the court distribute his estate? Since my Mother outlived her siblings and was the only one to have children, would the court distribute the entire estate to my Mother's descendants, or would the extate be split equally between my grandfather's four children and distributed to their individual estates? In the one case I would receive the entire $2400 involved, but in the other case I would receive only one fourth, or $600.


richie

richie78 said:

I did, and the Probate clerk could not find anything under his name.
The figure $4,000-$6,000 came from a Lawyer's billing for services and legal fees for the probate of my aunt that took about four years. That lawyers total charges were $70,000.
Yes I did, and they have small estate administrations as most other states have.
It sure seems that way, That's why I'm addressing it here, so that I might be able to get some understanding of what to consider.
One of the very puzzling things to me is how a court would determine the distributions of an estate if I opened one. Since my grandfather, whose wife had died previously, had four children, including my Mother, who all lived beyond his death, but have since died, how does the court distribute his estate? Since my Mother outlived her siblings and was the only one to have children, would the court distribute the entire estate to my Mother's descendants, or would the extate be split equally between my grandfather's four children and distributed to their individual estates? In the one case I would receive the entire $2400 involved, but in the other case I would receive only one fourth, or $600.
richie

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I am in a somewhat similar situation. My father was estranged for many decades before passing away recently in Mass. I understand that he has a bank account with about $15,000 in it, although I cannot find out any other information (i.e. what bank, etc.). My research has also revealed that he has had tax liens against him in the past. To my knowledge, my two brothers and I are his only heirs. My oldest brother is a ward of the State of Maine, (with only one son who was adopted out at birth), my other brother is now deceased, leaving behind two adult children and his wife(all in Mass.) I have since moved to Ireland and have one daughter. My sister-in-law who is in Mass. doesn't seem to think it is worth the bother of applying to be administrator. It's frustating to think that this money will just end up going to the state of Mass. (especially sionce the old man never paid child support, but that's ancient history, seeing as I'm nearly 50). his funeral was paid for by the VA.

Anyone have any tips?

muddled said:

I

Anyone have any tips?

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Muddled, my tip is that you start a thread of your own so that you get answers on your situation. Posting your question on someone else's thread is frowned upon.