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Massachusetts Request for Reassignment Pursuant to Standing Order 3-17

State:
Massachusetts
Control #:
MA-SKU-0744
Format:
PDF
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Description

Request for Reassignment Pursuant to Standing Order 3-17

Massachusetts Request for Reassignment Pursuant to Standing Order 3-17 is a document used to request a change in assignment of a case from one court to another. The requests must be made in writing and include the reasons for the request and the name of the party making the request. There are two types of Massachusetts Request for Reassignment Pursuant to Standing Order 3-17: 1) Interlocutory Request and 2) Motion to Transfer. Interlocutory Request is a request made prior to the conclusion of the case and can be made at any time up to the filing of the final judgment or order. The request must be made in writing and state the reasons for the request. Motion to Transfer is a request made after the conclusion of the case and must be filed with the court where the final judgment or order was entered. The motion must include the reasons for the request and the names of the parties making the request. The motion must also be served on all parties to the action.

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FAQ

When the probate court appoints a personal representative, it issues a document called ?Letters of Authority.? This document is proof of the personal representative's legal authority to collect and manage estate property. The personal representative is entitled to collect a fee for the work performed for the estate.

Massachusetts does not have what's known as an Affidavit procedure for small estates, but they do have a summary probate procedure. An estate value must be less than $25,000 and have no real property to qualify.

A petition for instructions must address a present issue. It cannot request direction on a future duty, hypothetical action or ratification of the fiduciary's past conduct. A petition for instructions is specifically permitted by the Massachusetts Uniform Trust Code (MUTC).

Is there a deadline to probate an estate? The general rule is that an estate has to be probated within 3 years of when the decedent died. However, this deadline doesn't apply to: A voluntary administration.

How to Avoid Probate in Massachusetts Forming a Trust. A trust allows a third party ? the trustee ? to hold assets on behalf of beneficiaries.Joint Tenancy.Making Property Automatically Transfer on Death.Using Pay on Death (POD) Bank Accounts.Setting Up a Life Estate for Real Estate.

When a personal representative of an estate is undertaking an action pertaining to the estate that he feels may result in personal liability to him if the outcome is not as planned, the personal representative may file a Petition for Instructions from the court seeking approval for his actions.

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Massachusetts Request for Reassignment Pursuant to Standing Order 3-17