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February 27, 2010
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Probate Law Terms and Definitions

 
 

Jointly held bank account
A bank account that is held by two or more people each of whom has a right of survivorship.

Will
A legal document that directs where a person's property should go after that person dies.

Power of attorney
A legal agreement that authorizes someone to handle or share in handling the financial matters of another person. A "durable" power of attorney can continue to give power to another in handling financial matters after incapacitation has occurred.

Revocation
In terms of wills, the process or act of canceling or destroying an existing will.

Assets
All property owned by a person that can be used or made available to use in the payment of debts and heirs.

Heir
Those persons, including a spouse who are entitled to the property of a decedent when the decedent has left no valid will.

Attorney-in-fact
This person receives the powers allocated in a power of attorney, such as a right to handle another person's financial matters.

Conservator
A person or entity who is appointed by the court to exercise certain powers for the care of an incapacitated person, the person's estate, or both.

Personal representative
The person responsible for the administration of an estate. This includes paying creditors and heirs.

Payable on death account (POD)
An account, such as a bank account, that is handed over to a specified person upon another person's death.

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Did You Know?    
 
 
Probate Transfers Legal Title Of Property
Probate is the means by which legal title of property transfers from the estate of the person who has died, to his or her proper beneficiaries. The term "probate" refers to proving the existence of a valid Will, or determining and proving who one's legal beneficiaries are if there is no Will. Since you can't take it with you, probate is the process used to determine who gets your property.

 


  Newsroom  
 


Latest news about probate cases in Massachusetts and nationwide:

Some Living Trust Sellers Aren't Trustworthy
Consumer: I'm exploring estate planning options. I've heard that a living trust can save me money. But I've also read warnings abo...
Read more >


PROBATE LAW APPROVED IN MASSECHUSETTS
 Chief Justice Dunphy has announced that Chief Justice for Administration and Management Robert A. Mulligan approved Standing Order 1-06, ...
Read more >


To Will Or Not To Will" Has Been Prepared To Inform The Public Of What Happens Legally To The Property Of A Person
To Will Or Not To Will" has been prepared to inform the public of what happens legally to the property of a person when he or she dies with a will ...
Read more >


More Probate News >

 
 

Probate Terms

 
 


Today's Terms

Power of attorney

Definition:
A legal agreement that authorizes someone to handle or share in handling the financial matters of another person. A "durable" power of attorney can continue to give power to another in handling financial matters after incapacitation has occurred.

Escheat to the state

Definition:
When no heirs have made claims to either all or part of an estate, the state receives the unclaimed estate.

Attorney-in-fact

Definition:
This person receives the powers allocated in a power of attorney, such as a right to handle another person's financial matters.

More Probate Terms >

 
 

Probate Resources

 


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Probate Hot Topics

 


Topics Related to Probate:

  • Probate Court
  • Last Will and Testament
  • Living Will
  • Power of Attorney
  • Trust Planning
  • Asset Protection
  • Special Needs Trusts

More Probate Topics >

Massachusetts Probate Attorney

 
If you live in the following cities and need an probate attorney you should contact our Probate Attorney as soon as possible:


  • Amherst
  • Attleboro
  • Beverly
  • Boston
  • Brighton
  • Brockton
  • Chelsea
  • Everett
  • Fitchburg
  • Framingham
  • Holyoke
  • Lawrence
  • Leominster
  • Lynn
  • Malden
  • Marlborough
  • Medford
  • Methuen
  • New Bedford
  • Peabody
  • Pittsfield
  • Plymouth
  • Quincy
  • Revere
  • Salem
  • Taunton
  • Westfield
  • Woburn


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