Legal Question in Wills and Trusts in Massachusetts
I had an elderly cousin who died in 2006 at age 97; I'll call her Cousin Marion. My brother was her attorney & executor.
In 2004 Cousin Marion's daughter and only child was killed in a road accident. Within a few weeks an associate of my brother's had her sign a new will just before her 96th birthday. She was in a nursing home and did not understand where she was. The will is complex and it's obvious she couldn't have written or understood it.
When Cousin Marion died 15 months later, neither my mother (her last surving contemporary relative & one of her best friends) nor I heard anything regarding her will. Mom told me not to bother checking as she'd been told most of her assets had gone to nursing care.
More recently I checked on a hunch and it turns out her estate was listed as approximately $1,000,000. Mom & I visited her regularly during her last years, and before that she & Mom went to lunch every week for years until Mom had to give up driving. Yet my brother (her attorney) and sister (a paralegal) got approximately 93 % of her estate while Mom & I were left out completely. I would add that my sister rarely saw her.
Her medical records would undoubtedly show she was in no shape to do a will. However, my brother was her executor and I'm told only he can access them. Is there something that can be done? Thank you.
2 Answers from Attorneys
It would appear that this is a clear conflict of interest. There may also be more facts in play and applicable statute of limitations. As such, you should contact an attorney immediately to discuss this case.
The problem really lies in challenging the will. There are statutes that govern when notices are sent and to whom. They also provide that notice must be published in a newspaper of general circulation, alerting people of the right to contest the will and the nomination of the executor. Those deadlines have probably long passed but you should certainly go to the Probate Court in which the will was filed and administered to confirm this. If the deadlines have passed you are without a remedy unless you were an heir of the estate and should have but did not receive notice of the proceeding.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
