Massachusetts Affidavit by an Attorney-in-Fact in the Capacity of a Court Appointed Receiver

State:
Multi-State
Control #:
US-00486BG
Format:
Word; 
Rich Text
Instant download

Description

The following form is by an affiant as a court appointed receiver.

How to fill out Affidavit By An Attorney-in-Fact In The Capacity Of A Court Appointed Receiver?

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FAQ

Generally, the person who oversees your estate is known as your ?personal representative.? California law also refers to a personal representative as an ?executor? or ?administrator.? All three terms describe the same function, although there is a legal distinction between their method of appointment.

Summary of Responsibilities of a Personal Representative of an Estate in Massachusetts. As you can see from the short overview above, Personal Representatives must be able to handle a few different types of tasks. They must file legal paperwork, sell assets, pay debts, distribute funds to heirs, etc.

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

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. If the decedent died without a will ? The person with legal priority is the surviving spouse.

Letters of Authority: A document issued by the court evidencing the personal representative's authority to act. Nominee: The person seeking to be appointed personal representative.

In Massachusetts, once that person is appointed by the court to manage the probate estate, he/she is called the "Personal Representative". Before, adopting the Massachusetts Uniform Probate Code in 2012, this person was referred to as the "Executor" or the "Executrix". The bottom line is that they mean the same thing.

Answer: Yes, in addition to being correctly signed and witnessed, an affidavit must be notarized in order to be legally binding.

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Massachusetts Affidavit by an Attorney-in-Fact in the Capacity of a Court Appointed Receiver