Agreements among family members and claimants for the settlement of an intestate's estate will be upheld in the absence of fraud and when the rights of creditors are met. Intestate means that the decedent died without a valid will. The termination of any family controversy or the release of a reasonable, bona fide claim in an intestate estate have been held to be sufficient consideration for a family settlement.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Massachusetts Agreement Between Heirs and Third Party Claimant as to Division of Estate refers to a legal document that outlines the settlement terms between the beneficiaries (heirs) and a third-party claimant regarding the division of an estate in Massachusetts. This agreement is crucial in situations where a dispute arises among the heirs or when a third party asserts a claim over the estate. In Massachusetts, there are two main types of Agreement Between Heirs and Third Party Claimant as to Division of Estate: 1. Compromise Agreement: A Compromise Agreement is executed when the heirs and the third-party claimant reach a mutual agreement to settle the dispute outside of court. This agreement outlines the terms and conditions agreed upon, including the division of assets, resolution of claims, and any additional terms necessary to resolve the estate division. 2. Court-Approved Settlement Agreement: In some cases, when the dispute becomes more complex or the parties fail to reach a voluntary agreement, the court may intervene. The court-approved settlement agreement is formulated under the supervision and approval of the court. It ensures that the rights and interests of all parties involved are protected and that the division of the estate is fair and just. Keywords: Massachusetts, Agreement Between Heirs, Third Party Claimant, Division of Estate, beneficiaries, settlement terms, disputes, third-party claim, Compromise Agreement, Court-Approved Settlement Agreement, court intervention, rights, interests, fair, just.