Legal Question in Wills and Trusts in Massachusetts
How do I get a copy of my mom's will & trust
My mother died on 4/11/11 leaving her property and belongings in a trust. My oldest sister was named as trustee (so she tells me) and has led me to believe that everything is in her control. I asked her for a copy of the will and trust and she seems very unwilling to provide. How can I get a copy to see what is in it.
2 Answers from Attorneys
I am sorry to hear that you have lost your mother.
To the extent that it is in her possession, your sister has an affirmative obligation to probate your mother's will. If she has done so, your mother's will can be found by a search of the probate and family court in the county where she last resided.
You can reach out to your mother's estate planning attorney to see if he or she is willing to provide any helpful information. You may need to retain counsel in order to get more information or to force your sister's cooperation.
My condolences on your loss. Your mother's Will should be filed with the probate court in the county where she resided before her death. You should be able to obtain a copy of the Will from Probate Court, if filed.
You should put your request for a copy of both the Will and the Trust in writing to your sister. If she does not cooperate I would contact an attorney to assist you in obtaining a copy of the Trust and to protect your interests.
If you have further questions, please feel free to contact me.