On October 29, 2021 a
Probate Matters
was filed
involving a dispute between
Buhay, Linda,
and
for Estates and Administration
in the District Court of Suffolk County.
Preview
2 12/28/21, 2:41 PM Decree &Order on Pet for Formal Adjudication (MPC 755)
t Reset Form
DECREE AND ORDER ON Docket No. Commonwealth of Massachusetts
The Trial Court
PETITION FOR iS Vv a paaaKer Probate and Family Court
FORMAL ADJUDICATION
Estate of:
Suffolk vi
Madge Desmond
First Name’ Middle Name Last Name Rae Sem
eae
Also Known As: JAN 4 8 zope
Date of Death: Aug 29, 2021
After a hearing or on the uncontested Petition for Formal Adjudication. dated: January 0, 2022
THE COURT FINDS:
1 The Petitioner is an interested person and has filed a complete and verified Petition.
2 The Decedent died on Aug 29, 2021
(date)
domiciled in Massachusetts OR O
The Petition was filed within the time period permitted by law.
Any required notices have been given to or waived by all interested persons and any guardian ad litem appointed has
assented to the Petition and/or the report of the guardian ad litem has been considered by the court.
Venue is proper,
Q The Decedent did not leave a will.
The Decedent left a will.
A The original will is filed. The will is dated Dec 11, 2012 . The dates of all codicils are
August 21, 2017 . The will and any codicils are referred to as the will.
date(s)
Based on a preponderance of credible evidence presented, the court is satisfied that:
The will is valid and unrevoked. There are no known prior wills that have not been expressly revoked by a later
instrument. The will is the Decedent's last will.
= OR--
B. © The original will has been lost, destroyed, or is otherwise unavailable. The copy of the will or the statement of its
contents is dated . The dates of all codicils are
(ate) date(s)
The copy of the will, or the statement of its contents, and any codicils are referred to as the will.
Based on a preponderance of the credible evidence presented, the court is satisfied that:
a. The contents of the will are as stated in the copy or statement filed with the court.
b. The will is valid and unrevoked. There are no known prior wills that have not been expressly revoked by a later
instrument. The will is the Decedent's last will.
MPC 755 (4/15/16) page 1 of 3
ich
Docket No.
Estate of:
https://courtforms.jud.state.ma.us/publicforms/PFC0027
Madge Desmond
RIPA33 19GB
2/28/21, 2:37 PM Decree &Order on Pet for Formal Adjudication (MPC 755)
pA First Name Middle Name. Last Name
~OR-
C) © Anauthenticated copy of the will and of the decree admitting it to probate in the Decedent's state or county of
domicile at the death is filed. The authenticated copy is dated . The dates of all
codicils are . The authenticated copy of the ‘rill ond any codicils are referred to as
the will. date(s)
Based on a preponderance of credible evidence Presented, the court is satisfied that:
The will was duly admitted to probate by the state or country of , the Decedent's
domicile at death.
~-OR--
D) © The will is not a valid will.
8. Atthe time of death, the Decedent's heirs at law were:
Identical to those persons stated in the original 2 amended MPC 162 Surviving Spouse, Children, Heirs at Law
dated: January “10, 2022.
fate)
~OR-
Othe following named persons (each and every heir at law must be named):
NAME RELATIONSHIP TO DECEDENT
click to add click to remove
9. The following person is qualified to serve as Personal Representative pursuant to G. L. c. 190B, § 3-203:
Linda Buhay 52 Pleasant Street
First Name MI. Last Name (Address) Cpt, Unit, No, ete.)
Primary Phone #: (617) 242-9917 Boston MA 02129
(CityFTowny iate) ip)
First Name MIT. Last Name Taddress) pt, Unit, No. ete.)
Primary Phone #:
(Cityrtowny (State) ip)
1 click toadd | [ click to remove
Any will to which the requested appointment relates is being or has been probated.
MPC 755 (4/15/16) page 2 of 3
Docket No.
Estate of: Madge Desmond
First Name’ “ilddle Name Last Name SV alPA3 GEA
THE COURT DECREES AND ORDERS (select only that requested on the Petition):
TECTACV NETEDMINATION
hittps://courtforms.jud.state.ma.us/publicforms/PFC0027
12/28/21, 2:37 PM Decree &Order on Pet for Formal Adjudication (MPC 755)
Reine: were AY
. *
1 © The Decedent died intestate.
The will has not previously been admitted to probate and is hereby admitted to formal probate.
© The will is not admitted to formal probate. The Petition is dismissed with prejudice as to that instrument.
DETERMINATION OF HEIRS
2. The Decedent's heirs at law as of date of death are as found above.
APPOINTMENT OF PERSONAL REPRESENTATIVE
3. The aforementioned person is appointed or confirmed as Personal Representative.
4. The Personal Representative shall serve in a(n):
Unsupervised Administration.
oO Supervised Administration described as follows:
without a surety on the bond because:
The will waives the requirement of a surety bond.
Oo All of the heirs or all of the devisees have filed a written waiver of sureties on the bond.
a The Personal Representative is a bank or trust company.
a The court finds that sureties are not in the best interest of the estate.
a with () personal ( corporate sureties on the bond in the penal sum amount of $
oO A Demand for Sureties (MPC 360) has been filed.
o The Personal Representative's prior bond is re-examined and approved.
5. Letters of Authority shall issue; or
© previously issued Letters of Authority for the Personal Representative are confirmed.
6. The court further orders:
Date qh x
Vink
Justice © Magistrate
Reset Form
MPC: 755 (4/15/16) page 3 of 3
No more pages!—
https://courtforms.jud.state.ma.us/publicforms/PFC0027 3/3
Document Filed Date
February 27, 2023
Case Filing Date
October 29, 2021
Category
Estates and Administration
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
2 12/28/21, 2:41 PM Decree &Order on Pet for Formal Adjudication (MPC 755) t Reset Form DECREE AND ORDER ON Docket No. Commonwealth of Massachusetts The Trial Court PETITION FOR iS Vv a paaaKer Probate and Family Court FORMAL ADJUDICATION Estate of: Suffolk vi Madge Desmond First Name’ Middle Name Last Name Rae Sem eae Also Known As: JAN 4 8 zope Date of Death: Aug 29, 2021 After a hearing or on the uncontested Petition for Formal Adjudication. dated: January 0, 2022 THE COURT FINDS: 1 The Petitioner is an interested person and has filed a complete and verified Petition. 2 The Decedent died on Aug 29, 2021 (date) domiciled in Massachusetts OR O The Petition was filed within the time period permitted by law. Any required notices have been given to or waived by all interested persons and any guardian ad litem appointed has assented to the Petition and/or the report of the guardian ad litem has been considered by the court. Venue is proper, Q The Decedent did not leave a will. The Decedent left a will. A The original will is filed. The will is dated Dec 11, 2012 . The dates of all codicils are August 21, 2017 . The will and any codicils are referred to as the will. date(s) Based on a preponderance of credible evidence presented, the court is satisfied that: The will is valid and unrevoked. There are no known prior wills that have not been expressly revoked by a later instrument. The will is the Decedent's last will. = OR-- B. © The original will has been lost, destroyed, or is otherwise unavailable. The copy of the will or the statement of its contents is dated . The dates of all codicils are (ate) date(s) The copy of the will, or the statement of its contents, and any codicils are referred to as the will. Based on a preponderance of the credible evidence presented, the court is satisfied that: a. The contents of the will are as stated in the copy or statement filed with the court. b. The will is valid and unrevoked. There are no known prior wills that have not been expressly revoked by a later instrument. The will is the Decedent's last will. MPC 755 (4/15/16) page 1 of 3 ich Docket No. Estate of: https://courtforms.jud.state.ma.us/publicforms/PFC0027 Madge Desmond RIPA33 19GB 2/28/21, 2:37 PM Decree &Order on Pet for Formal Adjudication (MPC 755) pA First Name Middle Name. Last Name ~OR- C) © Anauthenticated copy of the will and of the decree admitting it to probate in the Decedent's state or county of domicile at the death is filed. The authenticated copy is dated . The dates of all codicils are . The authenticated copy of the ‘rill ond any codicils are referred to as the will. date(s) Based on a preponderance of credible evidence Presented, the court is satisfied that: The will was duly admitted to probate by the state or country of , the Decedent's domicile at death. ~-OR-- D) © The will is not a valid will. 8. Atthe time of death, the Decedent's heirs at law were: Identical to those persons stated in the original 2 amended MPC 162 Surviving Spouse, Children, Heirs at Law dated: January “10, 2022. fate) ~OR- Othe following named persons (each and every heir at law must be named): NAME RELATIONSHIP TO DECEDENT click to add click to remove 9. The following person is qualified to serve as Personal Representative pursuant to G. L. c. 190B, § 3-203: Linda Buhay 52 Pleasant Street First Name MI. Last Name (Address) Cpt, Unit, No, ete.) Primary Phone #: (617) 242-9917 Boston MA 02129 (CityFTowny iate) ip) First Name MIT. Last Name Taddress) pt, Unit, No. ete.) Primary Phone #: (Cityrtowny (State) ip) 1 click toadd | [ click to remove Any will to which the requested appointment relates is being or has been probated. MPC 755 (4/15/16) page 2 of 3 Docket No. Estate of: Madge Desmond First Name’ “ilddle Name Last Name SV alPA3 GEA THE COURT DECREES AND ORDERS (select only that requested on the Petition): TECTACV NETEDMINATION hittps://courtforms.jud.state.ma.us/publicforms/PFC0027 12/28/21, 2:37 PM Decree &Order on Pet for Formal Adjudication (MPC 755) Reine: were AY . * 1 © The Decedent died intestate. The will has not previously been admitted to probate and is hereby admitted to formal probate. © The will is not admitted to formal probate. The Petition is dismissed with prejudice as to that instrument. DETERMINATION OF HEIRS 2. The Decedent's heirs at law as of date of death are as found above. APPOINTMENT OF PERSONAL REPRESENTATIVE 3. The aforementioned person is appointed or confirmed as Personal Representative. 4. The Personal Representative shall serve in a(n): Unsupervised Administration. oO Supervised Administration described as follows: without a surety on the bond because: The will waives the requirement of a surety bond. Oo All of the heirs or all of the devisees have filed a written waiver of sureties on the bond. a The Personal Representative is a bank or trust company. a The court finds that sureties are not in the best interest of the estate. a with () personal ( corporate sureties on the bond in the penal sum amount of $ oO A Demand for Sureties (MPC 360) has been filed. o The Personal Representative's prior bond is re-examined and approved. 5. Letters of Authority shall issue; or © previously issued Letters of Authority for the Personal Representative are confirmed. 6. The court further orders: Date qh x Vink Justice © Magistrate Reset Form MPC: 755 (4/15/16) page 3 of 3 No more pages!— https://courtforms.jud.state.ma.us/publicforms/PFC0027 3/3