Legal Question in Family Law in Massachusetts
Wills
My father recently passed away, 9-28-07. My question is regarding his will. He was married to my stepmother for 27 yrs., I do have three brothers and the four of us would like to review his will. We feel that our stepmother is attempting to keep his $3 to $5 million estate all to herself. I know for a fact that his, (their) property's were in a trust, that she controls, my brother and I are the successor's. Is there a way to see the will once it has been filled? If so how? And can we contest it if there is a problem? And if so, how? I thank you for your help.
4 Answers from Attorneys
Re: Wills
I am very sorry about your recent loss.
As the other attorneys said, the will was probably probated in the county where your father passed away. In fact, given that the death was so recent, it might not even have been probated yet.
You may want to have an attorney who can protect your interests and review the probate proceedings on your behalf.
I am located on the border of Norfolk and Suffolk counties, and charge reasonable hourly rates for my services. Please let me know if I can be of any assistance.
Re: Wills
If the will is filed you can review it in the probate court or obtain a copy of it. What county did he reside in?
: Wills
Assuming there is a will, an executor must file for probate in the county in which your father was a resident. This may take a little time.
A petition to probate requires the will which can then be viewed. They are required to notice the beneficiaries.
The will covers property that is part of the person's estate. Some property can be transferred without being part of the probate estate.
If you want to contact me with more questions, let me know
Re: Wills
His will is supposed to be filed within 30 days of his death in the Probate Court for the county he resided. Once filed you can get a copy of the Will. If you are a beneficiary under the trust you should get an accounting for the Trust annually.
If you are a successor trustee, you should be given a copy of the trust as well.
Please feel free to contact me if you have more questions.