Legal Question in Wills and Trusts in Massachusetts
distributing w/o probating
My father died with will leaving property to his sister, and residue after taxes, penalties etc. to me, she has not probated will but has cleaned out house and left me garbage in back yard to keep and get rid of while her daughter moves in, she has given alot away that had any value and will not talk to me personally, she also had another brother that died before making a will, and when her mother and the 2 brothers mother died she never probated that will that would have left the property to the 2 boys, or their kids what can I do to get her toprobate the wills so the property goes to the right heirs.
2 Answers from Attorneys
Re: distributing w/o probating
I am sorry to hear about your situation. Your aunt appears to be engaging in self-help with respect to these estates. The law does not permit that. The will must be published in the probate court within 30 days of the date of death. Your posting does not indicate if your father nominated your aunt to be the executrix of his estate. Your aunt's refusal to speak to you about the matters only reinforces your concerns The process of administering estates is designed to be controlled and regulated. An executor (person nominated in the will to administer the estate) has obligations to collect the assets and then distribute them consistent with the law and the will. If your aunt is refusing to do this, then you may bring a petition in the probate court to have yourself or someone else appointed to administer the estate(s). She can challenge the petition and argue that she should be the executor, but the evidence and information you have collected could be used to blunt her argument. I am also curious as to whether your aunt used some undue influence to alter your father's disposition of his assets. If, for example, you had a loving relationship with him, it would be somewhat of an unnatural disposition for him to leave his estate to his sister, even if you were getting the residue. This also something that should be looked into. Please feel free to contact me if you wish to discuss this further.
Re: distributing w/o probating
I am sorry for your loss and this unfortunate situation.
You should retain an attorney immediately to petition the probate court to require the filing of the Will in Probate, which the law requires to be done within 30 days of death, and to appoint you or someone else to act as executor, if your aunt is named in the Will as Exector but is not following the terms of the Will, which your attorney may well suggest be challenged to determine if your aunt exerted undue influence upon your father to draft it in her favor.
Good Luck!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
