On January 25, 2021 a
Probate Matters
was filed
involving a dispute between
Makosiej, Melissa L.,
and
for Estates and Administration
in the District Court of Franklin County.
Preview
DECREE AND ORDER ON Docket No. Commonwealth of Massachusetts
The Trial Court
PETITION FOR FR21P0026EA Probate and Family Court Vv
FORMAL ADJUDICATION
Estate of:
Franklin Division
Carter MacDonald
= FirstName Middle Name Last Name
Also Known As: Carter MacDonald
Date of Death: November 21, 2020
After a hearing or on the uncontested Petition for Formal Adjudication dated: January 26, 2021
THE COURT FINDS:
4
The Petitioner is an interested person and has filed a complete and verified Petition.
2. The Decedent died on November 21, 2020
(date)
& domiciled in Massachusetts ORL]
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/item appointed has
assented to the Petition: and/or the report of the guardian ad Jitem has been considered by the court.
5. Venue is proper.
6. ( The Decedent did not leave a will
7. PX] The Decedent left a will
A. [X) The original will is filed. The will is dated June 18, 1991 The dates of all codicils are
alley
September 3, 1992 The will and any codicils are referred to as the will.
date(s)
Based ona 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
Gatley datey
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 willis 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 34g
Docket No.
Estate of: Carter MacDonald IFR21P0026EA
First Name Middle Name lame
--OR--
C) (J An authenticated 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 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 was duly admitted to probate by the state or country of , the Decedent's
domicile at death.
~-OR--
0) [ The willis not a valid will.
8. At the time of death, the Decedent's heirs at law were:
identical to those persons stated in the [J original [] amended MPC 162 Surviving Spouse, Children, Heirs at Law
dated: 1/19/2021
(date)
--OR--
C1 the following named persons (each and every heir at law must be named):
NAME... « _ say, -RELATIONSHIP.TO DECEDENT .
9. [X] The following person is qualified to serve as Personal Representative pursuant to G. L. c. 190B, § 3-203:
Melissa L. Makosiej 468 North Poland Rd.
First Name Mi. Tast Name Address) Apt, Unit, No. ele,
Primary Phone #; (413) 369-4450 Conway MA 01341
TCiiyTowny Slate) Zip)
First Name WI Tast Name (Address) Apt, Unit, No. etc.)
Primary Phone #:
TeiyiTown) tate) ~(Zipy
Any will to which the requested appointment relates is being or has been probated.
MPC 755 (4/15/16) pase 2 of SY
[Docket No.
Estate of: Carter MacDonald FR21P0026EA
First Name’ Middl Me ame ast Name
THE COURT DECREES AND ORDERS (select only that requested on the Petition):
TESTACY DETERMINATION
1 LD The Decedent died intestate.
[XJ The will has not previously been admitted to probate and is hereby admitted to formal probate.
L The will is not admitted to formal probate. The Petition is dismissed with prejudice as to that.instrument.
-DETERMINATION OF HEIRS
The Decedent's heirs at law as of date of death are as found above.
APPOINTMENT OF PERSONAL REPRESENTATIVE
The aforementioned person is appointed-or confirmed as Personal Representative.
The Personal Representative shall serve in a(n):
] Unsupervised Administration.
C1 Supervised Administration described as follows:
Bl without a surety on the bond because:
The will waives the requirement of a surety bond.
LD Allof the heirs or all of the devisees have filed a written waiver of sureties ‘on the bond.
{_] The Personal Representative is a bank or trust company.
C The court finds that sureties are not in the best interest of the estate.
with [7 personal [] corporate sureties on the bond in the penal sum amount of $ ST
(A Demand for Sureties (MPC 360) has been filed.
[J The Personal Representative's prior bond is re-examined and approved.
Letters of Authority shall issue; or
C1 previously issued Letters of Authority for the Personal Representative are confirmed.
: 6. The court further orders:
Date Aart 2,0
docked. Wael 3 0D in. o Justice Fiiiccicate
MPC 755, (4/15/16) page 3 of 3 i
Wa wT. A Baw AtHaes sit. Ammar) A,
Document Filed Date
March 03, 2021
Case Filing Date
January 25, 2021
Category
Estates and Administration
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DECREE AND ORDER ON Docket No. Commonwealth of Massachusetts The Trial Court PETITION FOR FR21P0026EA Probate and Family Court Vv FORMAL ADJUDICATION Estate of: Franklin Division Carter MacDonald = FirstName Middle Name Last Name Also Known As: Carter MacDonald Date of Death: November 21, 2020 After a hearing or on the uncontested Petition for Formal Adjudication dated: January 26, 2021 THE COURT FINDS: 4 The Petitioner is an interested person and has filed a complete and verified Petition. 2. The Decedent died on November 21, 2020 (date) & domiciled in Massachusetts ORL] 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/item appointed has assented to the Petition: and/or the report of the guardian ad Jitem has been considered by the court. 5. Venue is proper. 6. ( The Decedent did not leave a will 7. PX] The Decedent left a will A. [X) The original will is filed. The will is dated June 18, 1991 The dates of all codicils are alley September 3, 1992 The will and any codicils are referred to as the will. date(s) Based ona 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 Gatley datey 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 willis 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 34g Docket No. Estate of: Carter MacDonald IFR21P0026EA First Name Middle Name lame --OR-- C) (J An authenticated 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 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 was duly admitted to probate by the state or country of , the Decedent's domicile at death. ~-OR-- 0) [ The willis not a valid will. 8. At the time of death, the Decedent's heirs at law were: identical to those persons stated in the [J original [] amended MPC 162 Surviving Spouse, Children, Heirs at Law dated: 1/19/2021 (date) --OR-- C1 the following named persons (each and every heir at law must be named): NAME... « _ say, -RELATIONSHIP.TO DECEDENT . 9. [X] The following person is qualified to serve as Personal Representative pursuant to G. L. c. 190B, § 3-203: Melissa L. Makosiej 468 North Poland Rd. First Name Mi. Tast Name Address) Apt, Unit, No. ele, Primary Phone #; (413) 369-4450 Conway MA 01341 TCiiyTowny Slate) Zip) First Name WI Tast Name (Address) Apt, Unit, No. etc.) Primary Phone #: TeiyiTown) tate) ~(Zipy Any will to which the requested appointment relates is being or has been probated. MPC 755 (4/15/16) pase 2 of SY [Docket No. Estate of: Carter MacDonald FR21P0026EA First Name’ Middl Me ame ast Name THE COURT DECREES AND ORDERS (select only that requested on the Petition): TESTACY DETERMINATION 1 LD The Decedent died intestate. [XJ The will has not previously been admitted to probate and is hereby admitted to formal probate. L The will is not admitted to formal probate. The Petition is dismissed with prejudice as to that.instrument. -DETERMINATION OF HEIRS The Decedent's heirs at law as of date of death are as found above. APPOINTMENT OF PERSONAL REPRESENTATIVE The aforementioned person is appointed-or confirmed as Personal Representative. The Personal Representative shall serve in a(n): ] Unsupervised Administration. C1 Supervised Administration described as follows: Bl without a surety on the bond because: The will waives the requirement of a surety bond. LD Allof the heirs or all of the devisees have filed a written waiver of sureties ‘on the bond. {_] The Personal Representative is a bank or trust company. C The court finds that sureties are not in the best interest of the estate. with [7 personal [] corporate sureties on the bond in the penal sum amount of $ ST (A Demand for Sureties (MPC 360) has been filed. [J The Personal Representative's prior bond is re-examined and approved. Letters of Authority shall issue; or C1 previously issued Letters of Authority for the Personal Representative are confirmed. : 6. The court further orders: Date Aart 2,0 docked. Wael 3 0D in. o Justice Fiiiccicate MPC 755, (4/15/16) page 3 of 3 i Wa wT. A Baw AtHaes sit. Ammar) A,