Probate & Estate Administration
Our Attorneys have experience in assisting clients in all phases of probate and estate administration. We advise and represent Personal Representatives, Trustees, Beneficiaries and other parties with duties or vested interests in:
• Estate Administration. – our attorneys can assist with the lengthy list of one-time or ongoing tasks of settling estates, including probate administration, liquidating property, preparing estate tax returns, managing property and making distributions.
• Fiduciary Representation – we represent Personal Representatives, Trustees and Conservators in fulfilling their obligations and defend them against accusations of breach of fiduciary duty.
• Conservatorships/Guardianships – If a parent, spouse or loved one can no longer handle his or her own affairs or a minor is the beneficiary of an estate, it may be necessary to petition the court to take control of that person's finances or personal care. Our attorneys have experience with court appointed conservators and guardians for minors and adults.
Petition to Partition
Two or more co-tenants share a present, undivided legal interest in property and disagree over how it should be sold. This type of situation generally occurs when:
• Someone dies, leaving real estate to multiple owners who do not want to own the property together; or
• An unmarried couple who own property as tenants in common, separate, and cannot agree on how to divide the property.
In such a situation, one party may petition the Land Court or Probate Court for a Petition to Partition. The Petition to Partition proceeding is often viewed as a last resort where there is a complete communication breakdown and a lack of cooperation between family members. This process allows the court to step in and determine how to divide the property between the co-tenants. The court might physically divide the property into separate parcels (though this is usually not applicable). More commonly, the court will force a sale by appointing a Special Master who will place the property for sale on the open market. After the sale, the court will determine how the proceeds are divided among the former co-tenants, taking into account upkeep, maintenance, and contribution to the initial acquisition of the property.
Please call us at 781-431-8776 or e-mail us at .