Probate Lawyer in Needham, MA 

Legal Guidance in Probate & Estate Administration

Probate is the court-supervised legal process of settling a deceased person’s final affairs. It involves proving the validity of a will or, if there is no will, determining the legal heirs according to Massachusetts law.

More than just a court procedure, administering an estate is a complex duty that requires managing finances, dealing with creditors and taxes, and transferring property. This process can be overwhelming, time-consuming, and emotionally draining, often lasting a year or more in Massachusetts.

At Lannik Law, our experienced legal team, led by a Certified Elder Law Attorney with over four decades of experience, is prepared to assist you through all variations of probate and estate administration with efficiency and compassion. We serve clients in the Greater Boston area and Cape Cod; our role is to oversee the correct handling of your loved one’s legacy. 

Why You Need Legal Help with Probate

Probate involves strict deadlines, fiduciary duties, and complex legal and financial matters. Legal help is essential for all interested parties.

For Personal Representatives (formerly known as executors)

The person named in the will (the personal representative or executor, as defined in Massachusetts law) assumes a significant responsibility. You are a fiduciary, meaning you are legally required to act in the best interests of the estate and its beneficiaries.

Your duties are extensive, and errors can lead to personal financial liability:

• Appointment. Filing the correct petition (voluntary, informal, or formal probate) in the Probate and Family Court and obtaining the court's official authorization (Letters of Authority).
• Asset management. Identifying, collecting, inventorying, and appraising all assets held solely in the decedent's name.
• Debt and creditor notice. Creditors have one year from the date of death to file claims against the estate. Notifying creditors and evaluating which debts will be paid. 
• Tax compliance. Seeking the best CPA for estate, your CPA will need to file final personal income tax returns and, critically, file the Massachusetts Estate Tax Return (Form M-706) if the estate's gross value exceeds $2 million.
• Real estate title. Clearing title to real estate, which may require obtaining a release of the Massachusetts estate tax lien.
• Distribution. Determining which assets pass under the will and which might pass into established trusts, and making the final distribution to heirs.

We can guide you through every step, minimizing your stress and protecting you from potential legal pitfalls.

For Heirs and Beneficiaries

While beneficiaries are generally on the receiving end, they often need legal counsel to protect their interests, particularly when:

• Disputes arise. You need to challenge the validity of a will (for example, due to incapacity or undue influence) or contest the personal representative's valuation of assets or proposed distributions.
• Asset clarity is needed. You need an attorney to clarify the distribution of complex assets or answer questions like: "Mom gave us both title to the property before she died; which one of us gets the house?" "Dad divided the house into six shares; do we need permission from each person to sell the house?"
• Dying without a will (Intestacy): If your loved one died without a will, the distribution of the estate is dictated by the inflexible law of intestacy. We can assist the court in correctly identifying all legal heirs, so that you receive your rightful inheritance under the law.