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Berkshire Probate and Family Court
Date Filed: 4/12/2024 3:03 PM
PETITION FOR FORMAL Docket No. Commonwealth of Massachuserts
opr:
The Trial Court
(7 PROBATE OF WILL Probate and Family Court
El ADJUDICATION OF INTESTACY
J APPOINTMENT OF PERSONAL REPRESENTATIVE
OC OTHER
PURSUANT TO G.L. c. 190B, § 3-402
& Original Form (1 Amended Form
Estate of: Berkshire Division
Joshua Benoit
First Name Middle Name Last Name
Date of Death: March 29, 2024
|. GENERAL INFORMATION
The Petitioner(s) (hereafter “Petitioner”), an interested person(s), makes the following statements:
1 Information about the Decedent:
Name: Joshua Benoit Age atdeath 50 __
First Name Middle Name Last Name
Also known as:
Name
Street Address: 25 High Street Apt Right Dalton MA 01226
(Address) (Apt, Unit, No., etc.) (City/Town) (tate) (Zip)
The Decedent was domiciled in Dalton ' MA
(City/Town) (State)
KK) A death certificate issued by a public officer is in the possession of the court or accompanies this Petition.
O Adeath certificate issued by a public officer is not in the possession of the court and does not accompany this Petition.
The circumstances which make it impossible for a death certificate to be provided are (See G.L. c. 190B, §§ 3-402(b),
4-107):
Information about the Petitioner(s):
Name: Joelle Benoit-Hess
First Name ML. Last Name
4822 Little School Court Summerville Sc 29485
(Address) (Apt, Unit, No. etc.) (City/Town) Gtate Zip)
Mailing Address, if different:
(Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip)
Primary Phone #: 413-358-5064 Email: Jolieb94@gmail.com
The Petitioner’s interest in the estate is as follows (e.g., Personal Representative named in a will, surviving spouse, heir,
devisee, Public Administrator, creditor, etc. See G.L. c. 190B § 1-201(24)): By Renunciation / Nomination
Name:
First Name ML. Last Name
(Address) (Apt, Unit, No. etc.) (City/Town) Gtate) (Zip)
Mailing Address, if different:
(Address) (Apt, Unit, No. etc.) (City/Town)
(Zip) (State)
Primary Phone #: Email:
The Petitioner's interest in the estate is as follows (e.g., Personal Representative named in a will, surviving spouse, heir,
MPC 160 (12/11/20) page 1 of 5
Berkshire Probate and Family Court
Date Filed: 4/12/2024 3:03 PM
Case Number:
devisee, Public Administrator, creditor, etc. See G.L. c. 190B § 1-201(24)):
3. This Petition is filed within the time period permitted by law. See G. L. c. 180B, § 3-108. Three years or less have passed
since the Decedent's death, or the following circumstances authorize tardy proceedings (include statutory reference):
FORM ALERT: Do not use this form to file a late probate proceeding pursuant to G. L. c. 190B, § 3-108(4). Use form
MPC 161.
4. Venue for this proceeding is proper in this county because on the date of death, the Decedent:
& was domiciled in this county. [ was not domiciled in Massachusetts, but had property located in this county at:
(Address) (Apt, Unit, No., etc.) (City/Town) ‘State (Zip)
5. [&] The Petitioner shall give notice once by citation to the Division of Medical Assistance. To do so, the Petitioner shall
send a copy of the citation when issued by the court together with a copy of this Petition and death certificate by
certified mail at least fourteen (14) days before the return day to the Division of Medical Assistance, Estate Recovery
Unit, P.O. Box 15205, Worcester, MA 01615-0205. For specific details, see the citation’s Order of Notice.
Il. PERSONS INTERESTED IN THE ESTATE
6. The Decedent's surviving spouse, children, heirs at law and devisees (if any), so far as known or ascertainable with
reasonable diligence by the Petitioner are as stated in form MPC 162 Surviving Spouse, Children, Heirs at Law AND if
the Decedent died with a will, form MPC 163 Devisees incorporated herein.
C There are or may be additional heirs at law who are not known to the Petitioner.
FORM ALERT: Failure to submit this information will result in a delay in processing your case.
Ill, TESTACY STATUS
7. The Decedent died (select one):
XJ Intestate (without a will)
After the exercise of reasonable diligence, the Petitioner is unaware of any unrevoked testamentary instrument relating
to property in Massachusetts, or [_] see attached statement of why such an instrument is not being probated:
C1 Testate (with a will)
The date of the Decedent’s last will is
0 The dates of all codicils are
(select one of the following):
O The original will is in the possession of the court or accompanies this Petition.
0 The original will is lost, destroyed or otherwise unavailable and
1 acopy of the original will accompanies this Petition OR
C a statement of its contents is attached and incorporated herein.
1 The will has been probated in the state or country of
An authenticated copy of the will and proof of its probate are filed with this Petition.
The will and any codicils are referred to as the will. The Petitioner, to the best of his or her knowledge, believes the will
was validly executed. After the exercise of reasonable diligence, the Petitioner is unaware of any instrument revoking the
will and believes that the will is the decedent’s last will.
MPC 160 (12/11/20) page 2 of 5
Berkshire Probate and Family Court
Date Filed: 4/12/2024 3:03 PM
IV. APPOINTMENT OF PERSONAL REPRESENTATIVE Case Number:
(if requested)
8. [] The Petitioner requests that the following qualified person, who is 18 years of age or older, be appointed Personal
Representative: & Self only. 0 Self and other(s): 0 Other(s):
Name of other(s):
First Name MA. Last Name
(Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip)
Mailing Address, if different:
(Address) (Apt, Unit, No. etc.) (CityrTown) (State) Gp)
Primary Phone #: Email:
9. Select all that apply:
&] All or some of the nominees have priority for appointment.
OO by statute (G.L. c. 190B, § 3-203).
by renunciation and/or nomination. Persons with higher or equal rights to appointment are:
Loren Benoit
First Name Ml. Last Name
Lucas Benoit
First Name Ml. Last Name
FORM ALERT: Any required renunciations/nominations using form MPC 455 must accompany this Petition.
1 The nominee(s) without priority for appointment are:
First Name Ml. Last Name
O Persons with priority have failed to request appointment or to nominate the above nominee and administration is
necessary.
10. Select one of the following:
I No court has appointed a Personal Representative and no such appointment proceeding is pending in
Massachusetts or elsewhere.
0 Acourt has appointed a Personal Representative, whose appointment has not been terminated, or an appointment
proceeding is pending in the State of and the Personal Representative’s name and
address is:
First Name ML. Last Name
(Address) (Apt, Unit, No. etc.) (City/Town) Gtate) (Zip)
11. Select one of the following:
© Abond with sureties with the penal sum amount of $ has been or will be filed.
{) A bond without sureties has been or will be filed and is permissible because:
C1 The will waives sureties on the bond and no interested person has demanded that a bond with sureties be filed.
All devisees (if a will is filed) or heirs (if no will is filed) have waived sureties in writing using form MPC 455 and
all waivers are filed with this Petition or are in the possession of the court.
FORM ALERT: All persons seeking appointment must file a bond using form MPC 801.
MPC 160 (12/11/20) page 3 of 5
Berkshire Probate and Family Court
Date Filed: 4/12/2024 3:03 PM
12. The Petitioner requests (Select one of the following): Case Number:
& Unsupervised administration
] The Decedent died intestate (without a will).
O The will directs unsupervised administration or is silent on the issue.
1 The will directs supervised administration, but circumstances have changed since the execution of the will
and there is no necessity for supervised administration because:
1 Supervised administration
O The will directs supervised administration.
1 The will directs unsupervised administration, but it is necessary for protection of persons interested in the estate
because:
0 No will directs supervised administration but it is necessary under the circumstances, specifically:
13. [1] The appointment of a Special Personal Representative is necessary pursuant to G. L. c. 190B § 3-614 (See separate
motion and affidavit filed with this Petition).
V. RELIEF REQUESTE
Wherefore the Petitioner requests that the court:
1 Admit the Decedent’s will to formal probate and determine heirs.
KK] Determine that the Decedent died without a will and determine heirs.
CO Determine the heirs of the Decedent.
XX] Appoint the nominee(s) as Personal Representative of the estate in a(n) & unsupervised
C1 supervised administration toserve [] without [] with sureties on the bond and that Letters be issued.
The Petitioner also requests:
LD Asetting aside of prior informal findings as to testacy.
0 A setting aside of prior informal appointment of Personal Representative.
0 Other:
MPC 160 (12/11/20) page 4 of 5
Berkshire Probate and Family Court
Date Filed: 4/12/2024 3:03 PM
Case Number:
SIGNED UNDER THE PENALTIES OF PERJURY
| certify under the penalties of perjury that the foregoing statements are true to the best of my knowledge and belief.
Date: o4/ ufaoau 2
Signature of Petitioner — Joelle Benoit-Hess
o—~
Date:
Signature of Co-Petitis igable)
Information on Attorney for Petitioner, if any
S
Signaturé6f Attorney.
Michael J. Martin, Esq. / Martin Hochberg & Cianflone LLP
(Print name)
75 South Church Street Suite 550
(Address) (pt, Unit, No. etc)
Pittsfield MA 01201
(City/Town) (State) (Zip)
Primary Phone #: 413-347-8964
B.B.O. # 685716
Email: mmartin@mhcattorneys.com
MPC 160 (12/11/20) page 5 of 5
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Berkshire Probate and Family Court Date Filed: 4/12/2024 3:03 PM PETITION FOR FORMAL Docket No. Commonwealth of Massachuserts opr: The Trial Court (7 PROBATE OF WILL Probate and Family Court El ADJUDICATION OF INTESTACY J APPOINTMENT OF PERSONAL REPRESENTATIVE OC OTHER PURSUANT TO G.L. c. 190B, § 3-402 & Original Form (1 Amended Form Estate of: Berkshire Division Joshua Benoit First Name Middle Name Last Name Date of Death: March 29, 2024 |. GENERAL INFORMATION The Petitioner(s) (hereafter “Petitioner”), an interested person(s), makes the following statements: 1 Information about the Decedent: Name: Joshua Benoit Age atdeath 50 __ First Name Middle Name Last Name Also known as: Name Street Address: 25 High Street Apt Right Dalton MA 01226 (Address) (Apt, Unit, No., etc.) (City/Town) (tate) (Zip) The Decedent was domiciled in Dalton ' MA (City/Town) (State) KK) A death certificate issued by a public officer is in the possession of the court or accompanies this Petition. O Adeath certificate issued by a public officer is not in the possession of the court and does not accompany this Petition. The circumstances which make it impossible for a death certificate to be provided are (See G.L. c. 190B, §§ 3-402(b), 4-107): Information about the Petitioner(s): Name: Joelle Benoit-Hess First Name ML. Last Name 4822 Little School Court Summerville Sc 29485 (Address) (Apt, Unit, No. etc.) (City/Town) Gtate Zip) Mailing Address, if different: (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Primary Phone #: 413-358-5064 Email: Jolieb94@gmail.com The Petitioner’s interest in the estate is as follows (e.g., Personal Representative named in a will, surviving spouse, heir, devisee, Public Administrator, creditor, etc. See G.L. c. 190B § 1-201(24)): By Renunciation / Nomination Name: First Name ML. Last Name (Address) (Apt, Unit, No. etc.) (City/Town) Gtate) (Zip) Mailing Address, if different: (Address) (Apt, Unit, No. etc.) (City/Town) (Zip) (State) Primary Phone #: Email: The Petitioner's interest in the estate is as follows (e.g., Personal Representative named in a will, surviving spouse, heir, MPC 160 (12/11/20) page 1 of 5 Berkshire Probate and Family Court Date Filed: 4/12/2024 3:03 PM Case Number: devisee, Public Administrator, creditor, etc. See G.L. c. 190B § 1-201(24)): 3. This Petition is filed within the time period permitted by law. See G. L. c. 180B, § 3-108. Three years or less have passed since the Decedent's death, or the following circumstances authorize tardy proceedings (include statutory reference): FORM ALERT: Do not use this form to file a late probate proceeding pursuant to G. L. c. 190B, § 3-108(4). Use form MPC 161. 4. Venue for this proceeding is proper in this county because on the date of death, the Decedent: & was domiciled in this county. [ was not domiciled in Massachusetts, but had property located in this county at: (Address) (Apt, Unit, No., etc.) (City/Town) ‘State (Zip) 5. [&] The Petitioner shall give notice once by citation to the Division of Medical Assistance. To do so, the Petitioner shall send a copy of the citation when issued by the court together with a copy of this Petition and death certificate by certified mail at least fourteen (14) days before the return day to the Division of Medical Assistance, Estate Recovery Unit, P.O. Box 15205, Worcester, MA 01615-0205. For specific details, see the citation’s Order of Notice. Il. PERSONS INTERESTED IN THE ESTATE 6. The Decedent's surviving spouse, children, heirs at law and devisees (if any), so far as known or ascertainable with reasonable diligence by the Petitioner are as stated in form MPC 162 Surviving Spouse, Children, Heirs at Law AND if the Decedent died with a will, form MPC 163 Devisees incorporated herein. C There are or may be additional heirs at law who are not known to the Petitioner. FORM ALERT: Failure to submit this information will result in a delay in processing your case. Ill, TESTACY STATUS 7. The Decedent died (select one): XJ Intestate (without a will) After the exercise of reasonable diligence, the Petitioner is unaware of any unrevoked testamentary instrument relating to property in Massachusetts, or [_] see attached statement of why such an instrument is not being probated: C1 Testate (with a will) The date of the Decedent’s last will is 0 The dates of all codicils are (select one of the following): O The original will is in the possession of the court or accompanies this Petition. 0 The original will is lost, destroyed or otherwise unavailable and 1 acopy of the original will accompanies this Petition OR C a statement of its contents is attached and incorporated herein. 1 The will has been probated in the state or country of An authenticated copy of the will and proof of its probate are filed with this Petition. The will and any codicils are referred to as the will. The Petitioner, to the best of his or her knowledge, believes the will was validly executed. After the exercise of reasonable diligence, the Petitioner is unaware of any instrument revoking the will and believes that the will is the decedent’s last will. MPC 160 (12/11/20) page 2 of 5 Berkshire Probate and Family Court Date Filed: 4/12/2024 3:03 PM IV. APPOINTMENT OF PERSONAL REPRESENTATIVE Case Number: (if requested) 8. [] The Petitioner requests that the following qualified person, who is 18 years of age or older, be appointed Personal Representative: & Self only. 0 Self and other(s): 0 Other(s): Name of other(s): First Name MA. Last Name (Address) (Apt, Unit, No. etc.) (City/Town) (State) (Zip) Mailing Address, if different: (Address) (Apt, Unit, No. etc.) (CityrTown) (State) Gp) Primary Phone #: Email: 9. Select all that apply: &] All or some of the nominees have priority for appointment. OO by statute (G.L. c. 190B, § 3-203). by renunciation and/or nomination. Persons with higher or equal rights to appointment are: Loren Benoit First Name Ml. Last Name Lucas Benoit First Name Ml. Last Name FORM ALERT: Any required renunciations/nominations using form MPC 455 must accompany this Petition. 1 The nominee(s) without priority for appointment are: First Name Ml. Last Name O Persons with priority have failed to request appointment or to nominate the above nominee and administration is necessary. 10. Select one of the following: I No court has appointed a Personal Representative and no such appointment proceeding is pending in Massachusetts or elsewhere. 0 Acourt has appointed a Personal Representative, whose appointment has not been terminated, or an appointment proceeding is pending in the State of and the Personal Representative’s name and address is: First Name ML. Last Name (Address) (Apt, Unit, No. etc.) (City/Town) Gtate) (Zip) 11. Select one of the following: © Abond with sureties with the penal sum amount of $ has been or will be filed. {) A bond without sureties has been or will be filed and is permissible because: C1 The will waives sureties on the bond and no interested person has demanded that a bond with sureties be filed. All devisees (if a will is filed) or heirs (if no will is filed) have waived sureties in writing using form MPC 455 and all waivers are filed with this Petition or are in the possession of the court. FORM ALERT: All persons seeking appointment must file a bond using form MPC 801. MPC 160 (12/11/20) page 3 of 5 Berkshire Probate and Family Court Date Filed: 4/12/2024 3:03 PM 12. The Petitioner requests (Select one of the following): Case Number: & Unsupervised administration ] The Decedent died intestate (without a will). O The will directs unsupervised administration or is silent on the issue. 1 The will directs supervised administration, but circumstances have changed since the execution of the will and there is no necessity for supervised administration because: 1 Supervised administration O The will directs supervised administration. 1 The will directs unsupervised administration, but it is necessary for protection of persons interested in the estate because: 0 No will directs supervised administration but it is necessary under the circumstances, specifically: 13. [1] The appointment of a Special Personal Representative is necessary pursuant to G. L. c. 190B § 3-614 (See separate motion and affidavit filed with this Petition). V. RELIEF REQUESTE Wherefore the Petitioner requests that the court: 1 Admit the Decedent’s will to formal probate and determine heirs. KK] Determine that the Decedent died without a will and determine heirs. CO Determine the heirs of the Decedent. XX] Appoint the nominee(s) as Personal Representative of the estate in a(n) & unsupervised C1 supervised administration toserve [] without [] with sureties on the bond and that Letters be issued. The Petitioner also requests: LD Asetting aside of prior informal findings as to testacy. 0 A setting aside of prior informal appointment of Personal Representative. 0 Other: MPC 160 (12/11/20) page 4 of 5 Berkshire Probate and Family Court Date Filed: 4/12/2024 3:03 PM Case Number: SIGNED UNDER THE PENALTIES OF PERJURY | certify under the penalties of perjury that the foregoing statements are true to the best of my knowledge and belief. Date: o4/ ufaoau 2 Signature of Petitioner — Joelle Benoit-Hess o—~ Date: Signature of Co-Petitis igable) Information on Attorney for Petitioner, if any S Signaturé6f Attorney. Michael J. Martin, Esq. / Martin Hochberg & Cianflone LLP (Print name) 75 South Church Street Suite 550 (Address) (pt, Unit, No. etc) Pittsfield MA 01201 (City/Town) (State) (Zip) Primary Phone #: 413-347-8964 B.B.O. # 685716 Email: mmartin@mhcattorneys.com MPC 160 (12/11/20) page 5 of 5