Legal Question in Wills and Trusts in Massachusetts

Re: Beneficiaries

Your mother should petition the Court to be appointed executrix. It may also be worthwhile to try and work with her brothers' children (as difficult as that may be) to ensure a less stressful probate of the will. Depending on the language of the will, but most likely, her brothers' children will have the same rights as did their respective fathers.

If you need any further assistance, please feel free to contact me.

~ T

Re: Beneficiaries

Your Mother should retain an attorney and Petition to have herself appointed Executrix of the estate.

If you have additonal questions, please feel free to contact me.

Re: Beneficiaries

Your question is not clear as to which State

he lived in at the time of his death. Also,

you need to look at the will. There are two

phrases you should look for -- "per stirpes" or

"per capita." If this is under Virginia law,

or similar law in Massachusetts, then if the

will says "per stirpes" then the three children

get the same rights regardless of whether the

brothers have died. The children inherit what

their fathers would have inherited, to divide

among them.

If the will says "per capita," then the estate is

divided among all of the heirs equally, no

matter how many there are.

HOWEVER, it sounds from your question as if

the brothers died AFTER your grandfather died.

In that case, MAYBE, under that State's law,

the question would be decided at your

grandfather's death. If the brothers died later,

it would have no effect on the question, and the

three children would receive the same amount

regardless of whether the will says "per stirpes"

or "per capita." Under Virginia law, I believe

that the question will be decided at the instant

of death, so that the later death of the brothers

would have no effect on the result.

ALSO, you have to determine if there is a "default" rule for whether per stirpes or per capita is the rule. Did the grandfather die a resident of Virginia or of Massachusetts?

Re: Beneficiaries

Your Mother should retain an attorney to file a petition on her behalf that she OR SOME OTHER SUITABLE PERSON BE APPOINTED executrix of her father's will.