Legal Question in Wills and Trusts in Massachusetts
My aunt died with an old signed will that divided her estate to her siblings which are now all deceased. She had a lawyer draft a new will that left her estate to her nieces and nephews but she never signed it. Is this will valid?
3 Answers from Attorneys
No. The will must be signed and witnessed to be valid.
I can make a referral to an attorney that can help you sort this out. I would be happy to provide this referral free of charge. If litigation arises as regards this matter, you can contact me for help with that litigation.
Sorry about your aunt.
Please accept my condolences.
As the previous attorney stated, the new will is not valid because it was not signed and executed according to the formalities required by the Commonwealth. We represent executors, administrators, and other fiduciaries in carrying out their duties. Please feel free to call.
No the Will is not valid. You can enter the old Will and as her siblings are no longer alive, the remaining family can seek to compromise the Will based on the new Will drafted by the attorney if all of the nieces and nephews will agree.
Please feel free to contact me if you have more questions.