Legal Question in Wills and Trusts in Massachusetts

Re: Claiming a Custodial Account in Massachusetts

The friend needs to know whether the Will was ever probated. She probably needs to contact someone in the county where the person died to determine this. I would imagine that the court clerk's office could tell whether a probate was ever commenced for the deceased individual and who the attorney was. She could then contact the attorney. Short of this she may need to retain an attorney in that county to try to get some answers for her.

Re: Claiming a Custodial Account in Massachusetts

The first question is how she knows this. If she got a letter or something, or was told by the deceased that she would be left something, that is not enough to know if there was an estate. If she died with no real estate and an estate worth less than $600,000 or so, there might have been no probate, and the relatives just helped themselves.

She should call, or have someone call, Suffolk Probate and ask if an estate for the woman was filed. Suffolk is busy, so call around 3:30-4:00 in the afternoon and tell them it is a long-distance call. Maybe someone will give you the information.

If there was, make sure to get the docket number, and then you'll have to find someone, not necessarily a lawyer, to go look up the folder and see if there is anything about your foreign friend as a beneficiary. If so, have this person get a copy, including the attorney and/or person serving as executor or administrator of the estate. Than contact that person, who should be holding the funds.