The Massachusetts Probate and Family Court hears both probate and family law cases, including property, guardianship, divorce, custody, and paternity. It manages deceased estates and appoints guardians or conservators for minors or incapacitated adults. The court also handles divorce, child custody, and paternity cases. Paternity cases determine legal fatherhood and establish visitation rights and child support obligations.
In most legal systems, the probate court and the family court are separate courts within the court system. Within the Massachusetts judicial system in the United States, however, probate and family court is a court that hears both probate and family law cases. Property, guardianship and guardianship, as well as divorce, custody, and paternity are examples of legal matters handled by probate and family court.
Matters handled by the evidentiary side of probate and family court generally focus on the management of a deceased’s estate or petitions for guardianship or guardianship. A probate must be opened in probate and family court when someone dies and leaves assets or debts that need to be accounted for and paid. The probate process generally requires the appointment of an executor or personal representative to supervise the estate and inventory all assets in the estate. Once all the assets have been accounted for, the property claims must be paid. When the court approves the final statement submitted by the executor or personal representative, any remaining estate can be transferred to the beneficiaries of the estate.
When a person wants to apply to the court to become another person’s guardian or legal guardian, the application must be filed with the Probate and Family Court. A guardian or guardian may be appointed for a minor or an incapacitated adult. While similar in nature, a guardian is someone who has the legal capacity to make day-to-day decisions for the ward—the person who is the subject of the petition—while a conservator has the legal right to make decisions regarding the ward’s finances. To become a guardian or guardian of an adult, the court must first establish incapacity or invalidity.
The Probate and Family Court also handles legal matters involving the family, such as divorce, child custody, and paternity. Application for divorce must be filed in the county where either party is considered to reside. Child custody is typically addressed at the time of a divorce or paternity claim; however, motions to change custody can be filed with the court where the original custody decision was made.
A paternity case is filed to determine the legal paternity of a child born out of wedlock. While a man may acknowledge that he is the father of a child, mere acknowledgment of the child does not make the man the legal father of the child. With the establishment of paternity, a man acquires both the right to visit and/or custody, and the obligation to maintain the child.
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