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Richard, Attorney
Category: Legal
Satisfied Customers: 55598
Experience:  Attorney with 29 years of experience.
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My father just passed on, God Bless him. He owns some real

Customer Question

My father just passed on, God Bless him. He owns some real estate. My mother is still alive. I know who has the will. When should he file it? Can I file to be the administrator. My mother is elderly she won't be doing it. I don't really know who will do it.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Massachusetts
JA: Has anything been filed or reported?
Customer: not yet. Can I tell the lawyer to file the will?
JA: Anything else you want the lawyer to know before I connect you?
Customer: that I would like to be the administrator
Submitted: 10 months ago.
Category: Legal
Expert:  Richard replied 10 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 10 months ago.

Good morning. First, let me tell you how sorry I am for the loss of your father. Having lost my own dad a few years ago, I know what a difficult time this can be. I will certainly keep you in my prayers!

Unless the real property is owned by your parents as joint tenants with right of survivorship, in which case it would vest automatically in your mother upon your dad's death outside of probate, the will does need to be filed for probate to allow the administrator to legally have the authority to transfer the title to the beneficiaries named in the will. If your mother is the named administrator and she is unable to serve, then the next person in line would be anyone named as the successor administrator in the will. If no one is named or any named person is unable or unwilling to serve, then you could certainly file the will for probate and ask the court to appoint you. As a son, you would certainly be an acceptable administrator to the court.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Expert:  Richard replied 10 months ago.

I just wanted to let you know that I will be away for a few minutes while I take my puppy outside. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

Expert:  Richard replied 10 months ago.

Hi Katherine. Just wanted you to know I have returned should you need additional help with your question. Thanks for your patience!