John DaCruz simplifies complex probate issue for surviving spouse.

Client Background

Our client, the surviving spouse of a recently deceased individual, sought legal assistance for a complicated probate matter.

The estate in question involved both registered land and other valuable assets, and our client was uncertain about their rights to the spousal election.

The couple had no children, and the deceased’s will left the registered land to a devisee, i.e., a beneficiary designated in the will.

DaCruz Law Firm’s Approach

• Our attorneys began by gathering all pertinent information related to the estate to ensure a comprehensive understanding of the case, including the will, property records, and any other relevant documentation.
• We then conducted a thorough analysis of the spousal election laws to determine the extent of our client’s legal rights and entitlements.
• Our team closely collaborated with both the executor of the estate and the devisee to negotiate a fair resolution, taking into account our client’s rights and interests in the property.
• Given the complexity of the case and the involvement of registered land, we sought approval from the land court regarding the resolution of the estate and the issuance of a new certificate of title to the devisee.

Results

• Our client’s legal rights were protected through a fair spousal election, ensuring they received the assets they were entitled to under the law.
• The land court approved the negotiated resolution, recognizing the legitimacy of the devised land transfer in accordance with the deceased’s will.
• The land court issued a new certificate of title to the devisee, formalizing the transfer of the registered land and closing the probate matter.

Conclusion

The firm’s experience in estate planning and probate matters played a key role in resolving this complex case. Our attorneys adeptly addressed the intricate legal issues surrounding the spousal election and registered land, ultimately reaching a fair and satisfactory resolution for all parties involved.

This case illustrates the importance of protecting clients’ rights and interests while striving for a favorable outcome in challenging probate matters.

Need help with a complex legal issue? Contact John DaCruz today.