Ceruolo Law

06/12/2026

RIGHT OF SURVIVORSHIP: Right of survivorship is a legal feature of joint ownership where, upon one owner’s death, his/her share automatically transfers to the surviving owner(s). It allows assets to bypass probate and pass directly to the survivor(s). If an asset is owned jointly without a right of survivorship, each co-owner’s interest becomes part of their estate upon death rather than automatically passing to the surviving owner(s). This means the deceased owner’s share must go through probate and will be distributed according to their will or, if none exists, under state intestacy laws. Ceruolo Law.

06/12/2026

https://youtu.be/fqcQcZkrBv8

Attorney David Ceruolo discusses: What if - no Right of Survior? Wh...

06/05/2026

PROBATE LAW: What is the difference between a Guardianship and a Conservatorship? A Guardianship is utilized when a person can no longer make or communicate safe or sound decisions about his/her person. If that person has not signed a Health Care Proxy, family or friends may file a petition in the county probate court to care for the person’s physical care. If a person is unable to manage his or her money, property, or business affairs due to a disability, and the person has not previously signed a Power of Attorney, family or friends may file a Petition for Conservatorship with the county probate court to care for the person’s estate – money, assets, investments and real estate. Ceruolo Law.

05/29/2026

PROBATE TERMS: In March, 2012, Massachusetts adopted the Uniform Probate Code. This Code has changed many terms and standardized the way courts handle estates. For instance, there is now a new term “Personal Representative.” The term “Personal Representative” combines the former titles of “executor,” “executrix” and “administrator” when dealing with an estate of a deceased person. So, this term now applies to a person who is appointed by the court to handle the affairs of an estate. Similar to the past, an appointed Personal Representative has a fiduciary duty to the estate. A fiduciary duty means that the appointed individual will make the best possible – and most reasonable - decisions on behalf of the estate, before his/her own interests. Ceruolo Law.

05/22/2026

PROBATE/TERMS: What does it mean when a person passes away TESTATE? When a friend or loved-one passes away estate, he/she passes away with a signed Last Will and Testament in place. As mentioned in previous posts, a Will is a written legal instrument which disposes of a person’s property (assets) at the time of death. Inside each Will, a person of high trust (a Fiduciary) is named: the legal term is now called ”Personal Representative.” When a person passes, the appointed Personal Representative has a period of 3 years in which to introduce the Will in the county’s Probate and Family Court. If the heirs are cooperating, then the petition may be filed as Informal, and no judge is appointed to the case. If the heirs are not cooperating, the petition must be filed Formally. In this case, a judge is appointed and there may be hearings in the future. Ceruolo Law.

05/22/2026

https://youtu.be/rSeZZxpt5A8

Attorney David Ceruolo discusses: File a Will...Do you need to file a Will? When should you file a Will? Why file a Will? When do you File a Will? How do you...

05/18/2026

PROBATE/ESTATE PLANNING: Why does is make sense for everyone to have a Will? If you pass away without a Will, there are laws which dictate the way your estate will be divided amongst your heirs. These laws are called the Laws of Intestacy. These laws entitle certain members of your blood-line to receive assets from your estate - and you may not want these family members involved in your estate. A properly drafted and executed Will prevents unwanted family members from taking your assets when you pass away. Ceruolo Law.

05/08/2026

PROBATE//In general, Probate is the term that refers to a legal process in which a person’s Last Will and Testament is reviewed by a court, in order to determine whether it is valid and authentic. Probate also refers to the general administration of a deceased person's Will or the estate of a deceased person without a Will. In addition, the Probate Court handles a wide range of cases. For example, the family of an incapacitated/disabled elderly loved-one may approach the probate court for an appointment as Guardian or Conservator for that person. When a court appoints a legal Guardian for an elder, that appointed person has legal authority to make decisions on behalf of the elder and represent the elder’s personal and medical interests. A Conservatorship is a legal process in which a court appointed person is authorized to manage the financial affairs and assets of an elder. Ceruolo law.

05/01/2026

PROBATE: In March, 2012, Massachusetts adopted the Uniform Probate Code. This Code has changed and standardized the way courts handle estates. For instance, a family member may now file an "informal" petition for a deceased loved one. With an informal filing, a magistrate, not a judge, is assigned; many issues are handled administratively, in other words without actual court hearings. The hopes are that the Code will save time and money. In general, if the family/heirs are not in agreement or there is controversy, then a "formal" petition is filed. In this instance, there must be a publication in a local newspaper and a judge is assigned. Ceruolo Law.

04/24/2026

PROBATE/WAYS TO AVOID COURT: FIRST, you may SIMPLY hold your accounts and some investments jointly with other individuals. In addition, you may update beneficiary schedules on any investments. SECOND, you may create a TRUST - which is a (written) legal entity created by a grantor (or maker) for the benefit of named beneficiaries (usually loved ones). Trusts created for many different reasons but (in general) all avoid Probate Court. THIRD, for REAL ESTATE, you may hold title with others in a concurrent tenancy. Joint Tenancies, Tenancies by the Entirety and Life Estates all have rights of survivorship. In general, when assets are titled (or held) in the above fashions, the surviving title holders receive their shares by operation of law. Ceruolo Law.