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Tag: Personal Representatives

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Retrieving Results...

The Ethics of Being a Personal Representative

Settling An Estate With Fairness

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What If There Is No Will?

What to expect from the estate of a family member who did not have a Will.

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Digital Asset Planning

Protecting your online identity and legacy.

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Death and Leases

Personal Representatives and Ongoing Contractual Obligations of the Decedent

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Compensation of Personal Representatives

When and How Much Personal Representatives May Charge

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Fegreus & Broderick, LLP

21 Custom House Street, Suite 480
Boston, Massachusetts 02110
t: (617) 737-9100 | f: (617) 737-9123
info@fegreuslaw.com

Married couples commonly hold title to their prima Married couples commonly hold title to their primary residence as “tenants by the entirety,” a form of joint ownership reserved to a married couple’s primary residence. 

If couples are not married, they still often hold titles as joint tenants. Upon the death of one joint tenant, title automatically vests in the surviving tenant. 

This transfer avoids probate and typically only requires the recording of a death certificate and affidavit to release estate tax liens to clear title into the surviving spouse. 

If only one member of a couple holds title (fairly common for one reason or another) or if the couple holds title as tenants in common (less common), then a title-holding individual’s share must pass through probate and, in depending on the estate plan or lack thereof, may not pass in full or at all to the surviving owner.
The Court can allow a P.R. to serve “without sur The Court can allow a P.R. to serve “without sureties,” meaning that the P.R.’s promise alone is sufficient; with “personal sureties,” meaning the P.R. must find two individuals to essentially act as the P.R.’s guarantors, or with “corporate sureties” meaning the P.R. must pay a surety company to underwrite their performance, sort of like an insurance policy. 

Corporate sureties can be quite expensive and if no surety company is willing to underwrite the proposed P.R. (e.g. if the P.R. has disastrous credit or an unsavory financial past), then the proposed P.R. may not serve. 

Many variables influence which kind of bond the Court will require. If you have any questions about seeking appointment as a P.R., please contact us today.
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