One of the most important steps that happens after a personal representative is appointed to your case, is the determination of date of death values. All assets that you owned inside your probate estate must be valued so that they can be liquidated to raise cash, to pay for debt taxes, debts, and expenses. It is the responsibility of the personal representative to gather all of the creditor and debt information about what the decedent owed at the time they passed away.

That executor then must evaluate each of those bills to determine whether or not they’re legitimate and then make payments on those bills, if it is determined they are legitimate. The executor also has to pay ongoing estate administration expenses, such as accounting fees, legal fees, insurance premiums, utility bills and mortgage payments. If disputes are open in the probate case, this can delay the administration of probate.

If you are concerned about the value of your estate, being diminished as a result of moving through this process, you may wish to leave behind additional assets to help support the executor and protect the underlying value of the assets you intended to leave behind to your loved ones.

Your overall financial picture is used to determine what happens to your assets when you pass away. Items inside your probate estate as well as those outside of it (like life insurance policies or retirement accounts) all factor into meeting your personal estate planning goals.

To learn more about setting up your estate for a smooth transition in the future, contact a Massachusetts estate planning lawyer.


Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

For related guidance, review O’Connell Law Group’s resources on estate administration guidance.

Tiffany A. O'Connell, JD, LLM, CELA, AEP

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

View all posts by Tiffany A. O'Connell, JD, LLM, CELA, AEP →

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