PROBATE

Probate Lawyers in Hyannis, MA

Probate Courts become involved when a person cannot properly take care of themselves or their money due to mental health issues, or when a person dies. Probate Courts are empowered to appoint Guardians (responsible for the person) or Conservators (responsible for the assets) of the living person. The Probate Court is also empowered to appoint the Personal Representative of the estate if person is deceased. Attorney John Cartwright has years of experience helping families or friends obtain the necessary authority to act on behalf of the affected person. 


Probate Courts will also become involved to insure that the title to property, real, personal or monetary assets, is held ONLY in the name of the person who died, and passes on to properly identified heirs. The Court will follow the intent of the deceased as written in a will, or follow the laws of Massachusetts when a person dies without a will. Attorney John Cartwright is frequently appointed by the Courts as a Personal Representative if no one steps forward to act on behalf of the deceased person and has years of experience in probating estates.

Guardianships and Conservatorships


If a parent, family member, or loved one is unable to make informed decisions regarding their care and/or finances, a Guardianship or Conservatorship is required to enable their affairs to be properly cared for. A petition for either a Guardianship or Conservatorship needs to be filed in the probate court for the county where they currently live.

Wills, Trusts, and Estates


After you die is not the time to plan for the distribution of your assets. Many steps can be taken, before death, to ensure that you give those things that are important to you to the person or persons that you want them to go to.

Last Will and Testament and Trusts


A Last Will and Testament allows the writer to direct a designated person to distribute the estate according to their wishes. The will allows the writer to designate what goes where and to whom if a spouse or child dies before them. If a person dies without a will, Massachusetts has laws as to who can receive the assets of the estate. Attorney Cartwright is able to assist you in making sure your assets go where, and to whom, you want them to go after your death.

Trusts are documents that allow the individual to transfer title of property (real, personal or investments) prior to their death so that they are not part of the estate that must go through the Probate Court after their death. The Trust determines who is to receive the trust property and when they are to receive it. Attorney Cartwright is able to assist you in creating a trust to ensure your assets go where, and to whom, you want them to go before and after your death.

John and Ann have developed a close network of other lawyers and professionals who can help in those specialized areas where they do not practice. Schedule an appointment by calling us at 508-771-7768.

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