Estate Administration

When a loved one passes away, settling their affairs can be overwhelming. Estate Administration is the legal process of managing a deceased person's assets and debts. It involves several stages, each with complexities, requiring careful planning and execution. This page outlines the key aspects of Estate Administration and offers practical advice to help you navigate the process, especially in Massachusetts.
Man holding cash while working on real estate paperwork

Some Stages of Estate Administration

Account for Your Family's Needs

Losing a loved one is emotionally challenging, and making rational decisions during this time can be difficult. However, ensuring you meet your family's immediate needs is vital before moving forward with Estate Administration. This includes covering funeral expenses, paying bills, and settling outstanding debts.

Establish Beneficiaries

The next step is identifying who will inherit your loved one's assets. This can be done through a will or trust. If your loved one did not have a will, the state will distribute their assets according to intestacy laws. It is essential to ensure that the distribution of assets is fair and reflects your loved one's wishes.

Know Your State's Estate Tax Laws

Many states have their own estate tax laws, which can be complex and vary widely. Massachusetts is one such state, and it is crucial to understand the applicable tax laws to avoid any surprises during the Estate Administration process. Consulting with a Massachusetts estate attorney can help you navigate the state's specific requirements.

Consider Hiring an Attorney

While it may be tempting to handle Estate Administration independently, hiring an experienced attorney can help ensure a smooth and efficient process. An attorney can help you navigate complex tax laws, ensure that you file all necessary documents, and help protect your family's assets.

Topics in Estate Planning and Administration

Taxes

Estate taxes can take a significant chunk out of your assets, and proper planning is key to minimizing this burden. Our team can help you understand the intricacies of estate tax exemptions, deductions, and credits. We can help you develop a strategy that preserves your wealth and ensures your beneficiaries receive the most significant benefit.

Power of Attorney

Unexpected events can happen, and we can not predict our health and well-being. Granting power of attorney to someone you trust can ensure they handle your affairs smoothly, should you become incapacitated. Our team can counsel you on the different types of power of attorney and help you select the most appropriate for your needs.

Revocable vs. Irrevocable Trusts

Trusts can effectively protect and manage your assets, allowing your beneficiaries to avoid probate and lower estate taxes. Our team can help you understand the differences between revocable and irrevocable trusts. 

Guardianship

If you have minor children, appointing a guardian is crucial to ensuring their care if something happens to you. Our team can guide you through the legal requirements for selecting and naming a guardian, ensuring we follow your wishes.

Advance Directive

If you can no longer make decisions about your healthcare, an advance directive sets out your treatment preferences and specifies your wishes. Our team can counsel you on the different types of advance directives, how they function, and how they can protect against unintended consequences, and outline the benefits of having one in place.

Managing Assets During the Estate Administration Process

Here are some tips for managing assets during the estate administration process:

Identify and Gather all Assets

The first step is to identify all the assets the deceased owned. This may include real estate, bank accounts, investments, personal property, and business interests. Once you have identified the assets, you must gather documentation and information about each item, such as account numbers, appraisals, and ownership records.

Value the Assets

With the help of an appraiser or other professionals, you will need to determine the fair market value of each asset. This is important for tax purposes, as well as for distributing the assets to the beneficiaries. It is important to remember that some assets, such as artwork or collectibles, may be difficult to value.

Pay off Debts and Taxes

Before distributing the assets to the beneficiaries, you will need to pay off any debts and taxes that the deceased owed. This may include credit card debt, mortgages, and income tax. You will need to file a final tax return for the deceased, as well as any estate tax returns that are required.

Distribute the Assets

Finally, you will need to distribute the remaining assets to the beneficiaries according to the terms of the will or state law. This may involve selling some assets, such as real estate or investments, in order to divide the proceeds among the beneficiaries. A good suggestion is to keep detailed records of all transactions and distributions, as you may be required to provide an accounting to the court or the beneficiaries.

Strategies for Effectively Handling Your Estate

There are specific strategies that can help you manage your loved one's assets effectively:

  1. Open an estate account to hold the assets. This will help you keep track of all the funds and property you are responsible for distributing.
  2. Identify your loved one's assets, including personal belongings, real estate, bank accounts, and investments. This can be a time-consuming process, but ensuring that you are distributing everything fairly is essential.
  3. Once you have identified all the assets, you must distribute them according to your loved one's wishes or state law. This is where our team of estate attorneys can be invaluable, as we can meet all legal requirements and help distribute everything fairly and efficiently.

Choosing Your Massachusetts Estate Attorney

If you are looking for an experienced and knowledgeable Massachusetts estate attorney to help you navigate the estate administration process, look no further than our team at Daigle Law Office. We have years of experience assisting clients in Eastern Massachusetts and Cape Cod with their estate planning and administration needs, and we can provide you with the guidance and support you need during this difficult time. Contact us today if you want your estate plan to be in the best of hands.

“I wanted to take an opportunity to say how professional and reassuring you have been with me on my mother’s case. You have returned calls promptly and have been very clear in explanations and laying out the next step.“

– Helen
“Peter Daigle and his staff were very professional and knowledgeable. They made me feel comfortable during a difficult time and followed through on each thing they said they would. I would highly recommend them.“

– Janet S
“I am so glad Attorney Daigle was the attorney to help me with the difficult decision to file Chapter 7. He was professional and competent, unlike some I saw at my hearing. The entire office staff was extremely helpful and available. I couldn't have made a better choice.”

– Mathew J

Contact Daigle Law Office

Call Now: 508-771-7444. Or submit your inquiry below. We look forward to having the opportunity to work with you!

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