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I need help with Massachusetts probate. Can you help? I nwas…

Customer Question
I need help with...

I need help with Massachusetts probate. Can you help?

Lawyer's Assistant: What documents or supporting evidence do you have?

I nwas appointed personal representative for my mother's estate 10 years ago. Now additional assets have been discovered. I need to know if I can reopen her case, or do I need to start over, but way too late.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We did not file probate before, as the assets were below the limit.

Submitted: 9 months ago.Category: Legal
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Answered in 1 minute by:
9/18/2017
Lawyer: Dwayne B., Attorney replied 9 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 9 months ago

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Lawyer: Dwayne B., Attorney replied 9 months ago

If a probate was never opened what case would you be reopening?

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Customer reply replied 9 months ago
The appointment as personal representative
Customer reply replied 9 months ago
Hello ?
Lawyer: Dwayne B., Attorney replied 9 months ago

You would reopen the case based on undistributed assets although you would almost certainly need a lawyer at this point. The lawyer will file a motion to reopen and an amendment to the original papers to take into account the new property. It will essentially be a new case altogether but you are not supposed to do two cases on the same estate and so you would have to open the old one and amend it.

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Customer reply replied 9 months ago
What info would I need to get the old case reopened? And where might I find it?
Customer reply replied 9 months ago
Dwayne?
Lawyer: Dwayne B., Attorney replied 9 months ago

You would need the cause number of the original case (which is on either the documents you received or which you can get from the clerk of court in the court where you filed for personal representative).

However, the attorney can find all that for you so when you talk to them they will just ask you a few question about locating the court and docket number which will give them all they need to start the case.

Please note that this a complicated procedure and there are no book or forms readily available to assist you with this. The forms have to be drafted from scratch since each case has a unique set of facts.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 9 months ago
Thanks Dwayne.
Customer reply replied 9 months ago
Are you saying that you cannot do that research and work for me?
Customer reply replied 9 months ago
Dwayne ??
Lawyer: Dwayne B., Attorney replied 9 months ago

No, as the click-through pages on this website explains we answer questions but we are not allowed to actually accept employment from any of the customers of the website. You will have to locate a local attorney to do that.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Probate.

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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