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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116701
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I live in Massachusetts. I am the executer of my mothers will.

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I live in Massachusetts. I am the executer of my mother's will. She is 79. She has less than 40,000.00 in cash. She "owns" her senior living apt. There is no deed and she can not sell it but her contract states that the value of the unit will return to her estate upon her death. Her will states that all of her assets will be distributed equally among her 4 children. Do I need to probate this will?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under MA law if the estate is worth $25,000 or less plus a vehicle it can go through the simplified probate process known as small estate probate. Unfortunately, as this estate is over that amount, even with a will, it must go through the probate process to properly distribute funds to the heirs, since the check will be made payable to the estate of your mom and the only way to cash it and make distribution to the heirs after all bills are paid is through probate.

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