Legal Question in Wills and Trusts in Massachusetts

I am an appointed Executor, but another party is contesting the will. The other party has a key to a safe deposit box. Does not the lawyer for the other party have a duty to notify me as Executor of when the box will be opened?


Asked on 7/20/12, 7:07 am

2 Answers from Attorneys

Joshua Robbins Carter Clunan & Robbins LLC

The other lawyer should notify you. Probate litigation can be complex and difficult; if you are representing yourself / the estate pro se, I think it would be well worth the time to speak with an attorney who handles probate litigation / estate administration.

I wish you all the best.

www.ccrlawgroup.com

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Answered on 7/20/12, 7:25 am

The Opposing Counsel (Attorney) should notify you when it is opened. If you are not represented by counsel, you should retain one. Probate litigation is complex. In fact you should demand you be present when the box is open.

Moreover, you should demand from the bank a copy of the log as to when the box was last opened and by whom, in fact get the information back at least a year, if not longer.

Feel free to contact me if you need further assistance.

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Answered on 7/20/12, 7:30 am


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