Probate Attorney in Scituate, Massachusetts

Find the right Probate Attorney attorney in Scituate, MA

In Scituate, Massachusetts, probate is the process in which a court validates or voids a will.

As part of the probate procedure, the court in Scituate, Massachusetts will determine the validity of the will, inventory the decedent's assets and debts, then, assuming everything is found to be in order, distribute the estate according to the will.

Usually, the executor of the estate is named in the will. However, if nobody is named as an executor, the probate court in Scituate, Massachusetts will appoint an administrator to serve the role as the executor. This is usually the closest adult relative of the decedent, or the person who stands to inherit the most.

The executor is the person who has to get the ball rolling on the probate process, and essentially serves as a living embodiment of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been involved in. If an executor needs to be appointed, a court usually chooses the person who will inherit the most if the will is given effect, since that person will have the most incentive to carry out the duties of the executor.

Duties of the Executor in Scituate, Massachusetts

Executors of estates have a several distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be completed before the property in an estate can be released according to the terms of the will.

The executor also has to give those with a direct interest in the will notice that the decedent has died, by filing an official death certificate.

There may be many people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them difficult to find, but they need to be found, nonetheless. To that end, the executor is required to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Additionally, they have to make known all of the decedent's major assets and debts.

Because the executor serves as the living embodiment of the decedent's estate, they are solely responsible for proving the validity of the will. This is a lot of work, but because executors are usually chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to completion.

How Can A Scituate, Massachusetts Lawyer Help?

Because this can be (though isn't always) a fairly complex process, it's a good idea to get a good probate lawyer in Scituate, Massachusetts, especially if you find yourself being the executor of an estate, and aren't sure how to proceed.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Scituate

Scituate, Massachusetts is a city in Plymouth County, on Cape Cod. It has a population of about 18,000 people.

Scituate was originally settled by a group of people from Plymouth in 1627. Since its founding, Scituate's economy and culture revolved around fishing. The rich waters off of New England provided a seemingly-limitless food source. While commercial fishing still takes place, depleted stocks, and the resulting limits, have reduced its economic importance.

Like much of the Cape Cod area, Scituate has become a destination for wealthy visitors, many of whom maintain homes in the area. Visitors from the world over are drawn to its natural beauty, and unique New England Charm.

Scituate is a fairly affluent community, with the median household income of permanent residents being about ,000, and only about 2% (much lower than the national average) of the population living below the poverty line.

If you live in Scituate, Massachusetts, and are looking for an attorney, you're in luck. There are many Scituate, Massachusetts lawyers who can handle whatever legal issue a person is likely to face. If you have any legal problems, a Scituate, Massachusetts attorney is the person to call.

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