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I have a question about probate in Massachusetts. My mom…

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I have a question about probate in Massachusetts

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My mom pasted away on Sept 26, 2016 and did leave a will and I and my sister are executors of her estate. At the time of death she did not have any cash that went for her care that insurance did not pick up. Her home had a reverse mortgage and she ended upside down on that so really there is nothing in her estate. I want to buy the house but for me to do this I was told I had to open probate just to get approved from court to be executor. In Mass there are 3 options for probate and I feel I can do what is called Voluntary Administration I just want to make sure that is the one to open.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Massachsetts

Submitted: 11 months ago.Category: Estate Law
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Answered in 2 minutes by:
7/31/2017
Estate Lawyer: Gerald, Esq, Lawyer replied 11 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 5,366
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Estate Lawyer: Gerald, Esq, Lawyer replied 11 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Unfortunately Voluntary Administration is not the correct process for you because there is real estate in the Estate. Voluntary Administration is available when the estate consists entirely of personal property valued at $25,000.00 or less.

Because of the real estate you can not process it that way.

BUT since the property is upside down you may be able to work out something with the lender of the reverse mortgage for the property to be foreclosed on and then purchased from the lender rather than the Estate. It is at least worth a phone call or two to the reverse mortgage lender.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Estate Lawyer: Gerald, Esq, Lawyer replied 11 months ago

Also please read this article regarding selling Probate Real Estate in Mass. Unfortunately Mass has made it cumbersome to transfer real estate out of an Estate. There are certain hoops that you will have to jump through:

http://www.cape-law.com/2012/probate-real-estate-in-massachusetts/

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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