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Out of state Will for MA estate Massachusetts

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  • Out of state Will for MA estate Massachusetts

    Hello,
    I am NOT an attorney and I am selling my property and buyer's attorney informed that a previous owner couple had tenancy in common. The guy died in NH (resident of NH per death certificate) and his living will was made and formalized in NH as well. The will gave everything to a trust to which he and his wife were the only trustees. The wife later sold the property located in Massachusetts/MA.

    The buyers attorney wants me to file a probate in MA since the Will was not filed in MA (bristol county). Here's what I have researched so far and will appreciate your comments:

    1. M.G.L. c. 184 s. 7 states: "A conveyance or devise of land to two or more persons or to husband and wife, except a mortgage or a devise or conveyance in trust, shall create an estate in common and not in joint tenancy, unless it is expressed in such conveyance or devise that the grantees or devisees shall take jointly, or as joint tenants, or in joint tenancy, or to them and the survivor of them, or unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy. A devise of land to a person and his spouse shall, if the instrument creating the devise expressly so states, vest in the devisees a tenancy by the entirety."
    QUESTION: Since Guy had a living will which gave this property to Trust (only him and his spouse were trustees), and since they were married, this was a tenancy in entirety based on above -- Correct?

    2. Regarding applicable law: Commonwealth of MA, Uniform Probate Code, Section 2-401. [Applicable Law.] directive states that rights to exempt property, and discretionary family allowance for a decedent who dies not domiciled in the commonwealth of MA are governed by the law of the decedentís domicile at death.
    QUESTION: All relevant and required paperwork were documented in NH, which was decedent's residence per his death certificate. Am I right that MA probate law would not be applicable and the actions taken in NH suffice?

    3. Also, is there an affidavit I can file in Bristol county, MA, for out of state Will (from NH) to recognize the will and end this concern once and for all?
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