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Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.
In terms of content, an Estate distribution letter should include: the deceased's personal details; a detailed and complete list of all assets and liabilities; the Beneficiary names and the details of their respective inheritances; any details on debt settlement and creditor communication;
Even without a statutory guideline on executor fees in Massachusetts, the common understanding among legal professionals suggests that an executor can expect to receive about 2-5% of the estate's value. However, this percentage can vary based on the specifics of the estate and the executor's duties.
Every estate is different and can take a different length of time to administer depending on its complexity. There is a general expectation that an executor or administrator should try to complete the estate administration within a year of the death, and this is referred to as the executor's year.
Filing in Probate: A Will needs to be filed in the probate court. There may be other paperwork the decedent needs to file at the same time. Gathering Information: The executor needs to begin gathering information, such as identifying the heirs of the decedent as well as the decedent's assets and debts.
Depending on the size and complexity of the estate, this process can take anywhere from several weeks to a few months. The executor is typically given three months from the date of their appointment to submit this inventory to the court in Massachusetts.
Start by addressing the letter to the beneficiaries, using their full names or any appropriate title such as "Dear Beneficiaries". Provide a brief introduction explaining the purpose of the letter, such as informing the beneficiaries about an inheritance or a distribution of assets.
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.