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Tag: Probate

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Retrieving Results...

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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Fegreus & Broderick, LLP

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

Wondering if you can sell a house out of an estate Wondering if you can sell a house out of an estate? 🏡 Here’s a quick rundown.

A well-prepared estate plan makes selling a property much easier for the Personal Representative (P.R.). If the Will clearly gives the P.R. the “power of sale,” they can list and sell the home without needing court approval or permission from heirs, as long as the sale is in the estate’s best interest (i.e., no sweet-heart deals to friends and insiders).

If the “power of sale” isn't included in the Will, the P.R. has to go through the court, which can add extra time and expense.

If the property is held in a Trust, the Trustee usually has the same ability to sell without court involvement, provided the sale is in the best interest of beneficiaries. 

In either situation, the P.R. or Trustee works with real estate professionals just like any other seller, while the lawyers handle any legal documentation necessary to transfer the title smoothly.
Is a health care proxy the same as a “living wil Is a health care proxy the same as a “living will”?

No. These two documents serve different purposes. A living will provides advance instructions regarding one's medical treatment (particularly end-of-life care) that are to be followed by health care providers. Because the instructions are fixed, there is no need for an agent to act on the individual’s behalf.

A health care proxy (HCP), by contrast, appoints a representative – the health care agent – to make decisions as circumstances arise. This makes the HCP far more flexible than a living will.

It's also important to note that Massachusetts law does not recognize living wills as enforceable. However, an HCP should include “living will” provisions that give non-binding guidance to the agent regarding end-of-life decisions. For this reason, selecting an agent who will respect and carry out your wishes is essential.
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