Elder Law and Estate Planning provided to Stoughton MA.

For excellent legal counsel related to elder law, estate planning and trust administration and probate for the area of Stoughton, Massachusetts, please contact attorney Brigitte von Weiss. More information is available at http://vonweisslaw.com.

Easton, United States - July 12, 2018 /PressCable/ —

The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA. She is often asked ” who can be the personal representative (formerly known as executor)?”

The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.

Under the MUPC, the person in charge of the estate of a deceased person is called a “personal representative.” Before the MUPC, attorneys used the terms “executor”–if a person died with a Will–and “administrator”–if a person died without a Will.

Whether or not there is a Will, § 3-203(a) of the MUPC has a “priority ladder,” which establishes who has priority to be appointed as the personal representative. Generally, the order is as follows: (1) the person named in the Will, (2) the surviving spouse who is also a devisee, (3) other devisees, (4) the surviving spouse, (5) other heirs of the decedent, (6) if no known spouse or next of kin, a court-appointed public administrator.

As a side note, a “devisee” is the term referring to a person who is to inherit property under the Will, “heirs of the decedent” are those who would inherit in the absence of a Will, and “decedent” is the term referring to the person who died.

No one can force anyone to serve as the personal representative even if they are named in the Will. A person with priority may decline to serve as personal representative. Moreover, a person named as personal representative in the Will can decline and nominate a successor if and only if the Will explicitly states that the named personal representative has the power to nominate a successor.

Individuals often referred to themselves as the personal representative (or executor) based on being named in the Will. However, in actuality, an individual is not the personal representative unless and until appointed by a court of proper jurisdiction.

If someone decides to serve as a personal representative, they should retain an attorney to assist and advise as most individuals are unfamiliar with the responsibilities of a personal representative. Legal representation unquestionably minimizes the prospect of getting sued by the devisees and heirs of the estate.

Moreover, do not let the law determine who will be in charge of the estate. The individual should instead have an estate plan and name a personal representative in the person’s Will. The individual also should name a successor personal representative (backup person) and/or have language in the persons Will giving the personal representative the power to nominate a successor of his or her choosing.

Nothing in this article should be considered legal advice as this is a complicated area of the law.

Contact Info:
Name: Brigitte von Weiss
Organization: The Von Weiss Law Office
Address: 50 Oliver Street, Easton, Massachusetts 02356, United States
Phone: +1-508-238-3005

For more information, please visit http://vonweisslaw.com/index.html

Source: PressCable

Release ID: 376060

More News From Asia Logue

China, US announce more trade talks next week

Feb 17, 2019

BEIJING — With a deadline looming, U.S. and Chinese negotiators will hold more talks in Washington next week aimed at ending a battle over Beijing's technology ambitions. The announcement Friday came after U.S. Trade Representative Robert Lighthizer told Chinese President Xi Jinping that negotiators "made headway" in talks this week in Beijing. They had been the last scheduled before planned U.S. penalties on $200 billion of Chinese products are due to take effect March 2. The United States "hopes to see additional progress," a White House statement said. It gave no indication whether President Donald Trump would extend the deadline....

Indonesia land-burning fines unpaid years after fires

Feb 17, 2019

JAKARTA, Indonesia — Indonesian plantation companies fined for burning huge areas of land since 2009 have failed to pay hundreds of millions of dollars in penalties meant to hold them accountable for actions that took a devastating environmental and human toll. The 10 palm oil and pulp wood companies involved in fires owe more than $220 million in fines and the figure for unpaid penalties for environmental destruction swells to $1.3 billion when an illegal logging case from 2013 is included, according to separate summaries of the cases compiled by Greenpeace and the Ministry of Environment and Forestry. Indonesia's annual...

The Latest: China's Xinhua: US trade talks for next week

Feb 17, 2019

BEIJING — The Latest on China-U.S. trade talks in Beijing (all times local): 6:40 p.m. An official Chinese news agency says U.S. and Chinese negotiators will meet next week in Washington for talks on a technology dispute ahead of a March 2 deadline for a planned American tariff hike. The Xinhua News Agency's announcement followed two days of talks in Beijing that had been the last scheduled meeting before the March 2 deadline. President Donald Trump's economic adviser said earlier he had yet to decide whether to escalate the dispute by going ahead with the penalties on $200 billion of...

World stocks slip with few leads from US-China talks

Feb 17, 2019

SINGAPORE — World markets were mostly lower on Friday in the absence of good news as the U.S. and China concluded yet another round of trade talks in Beijing. France's CAC 40 rose 0.4 percent to 5,080.31 while the DAX in Germany dipped 0.4 percent to 11,044.17. Britain's FTSE 100 edged up 0.1 percent to 7,202.54. Wall Street was set for losses on the open. S&P 500 futures shed 0.3 percent to 2,735.00. Futures for the Dow were 0.4 percent lower at 25,327.00. European traders were looking out for possible snap elections in Spain. Prime Minister Pedro Sanchez was to...

Thai party fields transgender candidate for prime minister

Feb 17, 2019

BANGKOK — As Pinit Ngarmpring, he was a CEO and sports promoter, well known in the world of Thai soccer. Now, under her preferred new name of Pauline Ngarmpring, she's pursuing a bid to become the country's first transgender prime minister. The 52-year-old is one of three candidates put forward by a political party for the post in next month's general election. She says she wants her nomination to bring hope to the marginalized and to open up political space for future generations of LGBT people. With over a month to go before the March 24 polling day, she campaigned...

Sign up now!

Advertisement