Need Advice Regarding filing a will

[Sangrinn]

Massachusetts.

So my bio grandmother, but in reality mother, just passed this last Thursday. She was prepared however I think that she did not have any beneficiaries listed on her bank accounts, this would possibly need to go to probate since it's higher than 25k. If there is a beneficiary on the account it's either myself or my aunt. This is fine because we can do as she wanted with the money she left behind. However, if not and there are no beneficiaries on the account, I'll have to file in probate as she left a will also. Firstly, the will states that in sound mind everything she owns goes to me. She left things such as pictures and paintings to my aunt and mother so they receive things as well. She does not want any money going to my bio mother other than a tiny amount.

The will is legit as I'm researching into the topic, it states what she wants to happen with her belongings, it's signed by herself, and two witnesses which were employed by her at the time.

Now, my question. If this has to go through probate so I can access her accounts, how long of a process am I looking at?

It's left to me. She wanted me to have that to buy a home for myself so I never have to worry about having a roof over my head. I'm coming very close to losing the one I do have so I'm in a panic, add to the fact I have to plan the funeral and burial of the woman who raised me and my mind is all over. The will won't be contested as between my aunt, my mother, and myself are all in agreement with who's handling everything anyway. I was the closest and helped her during her old age so we are all in agreement that I should handle everything.

 

[Dandy Don]

No one can possibly predict how long your probate case will take. You may live in a city and/or county where lots of deaths occur, and therefore there are many probate cases to be heard. If the assets are relatively simple (real estate and bank accounts), you can probably estimate at least 4-5 months. You can get some idea of how long it takes for cases to be processed in your county by visiting the county courthouse probate court to look at a couple of the probate files, or look at online records for that county courthouse probate court to see the case start date (filing date) and ending date.

 

[Sangrinn]

That's a good idea, I'll look into that. Meanwhile, is there anything I can do immediately in regards to accessing her assets for the funeral/burial costs?

 

[Dandy Don]

Specifically, what is she doing to try to "access" the assets?

If you are going to be executor of the estate, or if you are going to hire a probate attorney to be executor, either of you, as soon as possible, needs to file paperwork at the county courthouse probate court to open up the estate. Soon after filing, the executor will be issued a document called "letters testamentary", which the executor can then use to contact the bank to inform the bank that the executor is now legally authorized to handle any and all assets.

Eventually the funeral home will submit an invoice and the estate is responsible for paying the bill. I'm not sure whether the executor would be granted access to the funds from the decedent's account to make an upfront payment to the funeral home, if the funeral home asked for money right now before the funeral. Maybe someone else can answer what would happen if that situation occurred.

 

[latigo]

Massachusetts.

So my bio grandmother, but in reality mother, just passed this last Thursday. She was prepared however I think that she did not have any beneficiaries listed on her bank accounts, this would possibly need to go to probate since it's higher than 25k. If there is a beneficiary on the account it's either myself or my aunt. This is fine because we can do as she wanted with the money she left behind. However, if not and there are no beneficiaries on the account, I'll have to file in probate as she left a will also. Firstly, the will states that in sound mind everything she owns goes to me. She left things such as pictures and paintings to my aunt and mother so they receive things as well. She does not want any money going to my bio mother other than a tiny amount.

The will is legit as I'm researching into the topic, it states what she wants to happen with her belongings, it's signed by herself, and two witnesses which were employed by her at the time.

Now, my question. If this has to go through probate so I can access her accounts, how long of a process am I looking at?

It's left to me. She wanted me to have that to buy a home for myself so I never have to worry about having a roof over my head. I'm coming very close to losing the one I do have so I'm in a panic, add to the fact I have to plan the funeral and burial of the woman who raised me and my mind is all over. The will won't be contested as between my aunt, my mother, and myself are all in agreement with who's handling everything anyway. I was the closest and helped her during her old age so we are all in agreement that I should handle everything.

If your "searching into the topic" happened to cue you to read the Massachusetts Uniform Probate Code you might just know that creditors of a decedent's estate have one year from the time of death to assert their claims against the estate. So, should the PR (meaning you, if so appointed) make distribution to beneficiaries prior to the expiration of that one year period they/you do so at their/your personal risk!

So, you and DD can do as you please with his layman's, off-the-wall "estimate of 4 to 5 months". But if you don't have any smarts about the probate process, then you best not attempt to take on the solemn fiduciary responsibilities of a PR without engaging an attorney.