Probate 2012 Bulletin

Probate Laws Set Change in 2012—What You Need To Know!

On January 1, 2012, the new Uniform Probate Code will go into effect. If you have ever had to navigate the Probate Court system after a loved one passed away, you know how tedious, time consuming and expensive the process could be. The changes are geared to make things simpler for families with simple situations.

Here are the key changes:

  • If there are no family or creditor conflicts to complicate your case, the Probate Court's involvement will be minimal.
  • The timelines for accessing assets will be much shorter. Now a personal representative (known as an executor under the old law) could be appointed within seven days rather than waiting for months.
  • If there is no conflict, the court will no longer require you to disclose detailed financial information to them, though you will still need to give that information to heirs and creditors.

Important Note: Even as probate potentially becomes simpler under the new law, there are many pitfalls, especially if tax issues, divorces, remarriages and conflicts mean your family situation is anything but simple. You should seek the advice of a Qualified Elder Law Attorney like us to ensure you won't leave an expensive mess behind for your family upon your death.

What does the new law mean for you?

If you have a will (but no trust) or you have no estate plan at all, we advise that you contact us so that we can options to avoid Probate entirely, protect your financial privacy from predators, preserve and protect assets against nursing home risks, and protect inheritances against the risk of your estate beneficiaries divorcing or being sued by creditors.

If someone has already passed away and you are named as an executor or personal representative, contact us so that we can help you move through Probate as quickly and efficiently as possible and so that you can be protected against possible claims from any beneficiaries.

If you are concerned about your parents or grandparents, encourage them to secure the peace of mind they deserve for their sake . . . and your sake. Have them contact our office for a consultation with a Qualified Elder Law Attorney.

Massachusetts Probate Attorney

For information about Massachusetts Probate law or to discuss your particular issue with an experienced Elder Law and Estate Planning attorney, please schedule a confidential consultation by calling (866) 406-8582. You may also elect to submit our Intake Form and we will contact you. Out-of-office consultations can be arranged by appointment