Massachusetts Affidavit by an Attorney-in-Fact in the Capacity of an Administrator of an Estate
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How to fill out Affidavit By An Attorney-in-Fact In The Capacity Of An Administrator Of An Estate?
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FAQ
Massachusetts has a short one-year statute of limitations for asserting claims against a decedent's estate. The one-year period commences on the date of death, and before the period expires, the creditor must file a lawsuit and serve the fiduciary with process.
What is the law on durable power of attorneys in Massachusetts? The law states that the durable power of attorney should have been assigned in writing on a signed document, with two witnesses present. They must be over 18, mentally competent and with no undue influence.
(1) Competent adult; (2) in writing; (3) signed by the principal; and (4) the principal's signature is notarized by a notary public. A durable power of attorney terminates upon the principal's death or if the principal revokes the durable power of attorney by a separate writing signed by the principal.
A qualified person with legal priority has the right to be appointed as personal representative of the estate over anyone else. If the decedent died with a will ? The person with legal priority is the person named in the will to serve as personal representative or executor.
While Massachusetts law does not technically require a POA to be notarized, signing your POA in the presence of a notary public is very strongly recommended. Many financial institutions will not want to rely on a POA unless it has been notarized?a process that helps to authenticate the document.
Power of Attorney, Form M-2848 You are required to indicate the extent to which you authorize disclosure (e.g., certain tax types, and tax years or periods listed on the form) and can name one or more representative to act as your power of attorney (POA).
The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the ?durable? power of attorney continues to be effective despite your subsequent disability.