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Tag: Will Contests

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No-Contest Clauses

The Purpose and Effect of In Terrorem Clauses in Massachusetts Wills

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Will Contests in Massachusetts

Discussing Will Contests in Massachusetts, Including How, When and By Whom Contests may be Initiated

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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

When an estate doesn’t have enough assets to cov When an estate doesn’t have enough assets to cover debts such as taxes, funeral expenses, medical bills, outstanding loans, and other creditor claims, it’s considered insolvent.

In Massachusetts, a Personal Representative (P.R.) who realizes the estate may be unable to pay all obligations must represent the estate as insolvent to the court. This ensures debts are paid in a specific order of priority, provides guidance for distributing remaining assets to creditors, and protects the P.R. from personal liability for wrongful payments.

Payment of claims and expenses by a P.R. can be complicated, particularly where the total amount of claims approaches the full amount of the estate. If you're a P.R. or heir of an estate with concerns about insolvency or payment of claims, please give us a call.
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.
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