Wednesday, May 18, 2011

Massachusetts Probate Law - Hampden County

Massachusetts Probate Court - Hampden County, policies of process and law change by unpublished bench and Chief Clerk (Register) policy and convulute the state law. In so doing the policy of the bench or the register of Probate fails to heed the US and State Constitutions' provisions for notice and protection of private property. Individuals who would receive inheritances or other benefits from a decedent's estate, and claimants [creditors] against any such estate lose property without process. Their reliance on the state law of Probate to protect them is misplaced because law which variably changes without notice at the bench or clerk's desk denies them the presumptive legal protection sustained at the time of a will production; or in any other matter such as estate planning or will execution. The rights of the benficiaries and claimants have materially vanished if the law is not constant. The practice can and may be enjoined in either state or federal court; and likely will be.

A material example, blank checks conveyed to Estate Administrators [Executors] to do anything the will empowers them to do without prior Court permission (ie moving or selling real property of an estate); and hiding bank assets without inventory in a mask of voluntary administration which excludes said assets from proper probate accounting.
Any party expecting the safety of the law via the court, in not objecting to a will and expecting safety by Estate Administration, is destined to lose thereby.

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