A significant portion of our practice is assisting families with the legal and tax matters that are necessary after the death of a loved one.
Probate is the court process that is necessary to gain access to and transfer assets that are owned by a deceased person in his or her name alone. During the probate process a Personal Representative (formerly Executor) is appointed who is then able to handle all matters related to the settlement of the estate. Although one of the goals of estate planning is to avoid the need for probate, in some cases this is not possible.
Whether or not probate is required, there are various tasks that must be completed following a person’s death to ensure their property passes to their intended heirs, title to any real estate is clear, and any necessary taxes are paid.
We can assist you:
- Determine if a probate proceeding is required
- Obtain the appointment of an Personal Representative.
- Guide successor Trustees in accepting their appointment and beginning the Trust administration process
- Advise Personal Representative and Trustees about their duties as fiduciaries, including the payment of debts and taxes and the safeguarding and sale of estate or Trust assets.
- Work with the family accountant to address tax issues that arise during an estate or Trust’s administration.
- Prepare federal and Massachusetts estate tax returns if and when required
- Prepare probate and trust accountings as required
- Advise and oversee the distribution of estate and Trust assets
To schedule an appointment contact Samuel, Sayward & Baler LLC by phone at 781/461-1020 or by email using our Contact form.