Legal Question in Wills and Trusts in Massachusetts
distributing w/o probating pt. 2
My aunt was nominated as executrix of my fathers will and her mothers will and probably her fathers will which distributed both properties 1 to her the other to the brothers, the mother died so my father moved into the mothers house and then my uncle died without a will so dad just kept the house and made a will leaving it to her, at that time in 2005 we wern't getting along, but we made up and were fine and he died in sept of 08 she told me there was a will but would not talk to me directly after that until I finally called her after xmas and asked for a copy of the will when I started to get the attitude she mailed me a copy all this time she has been giving stuff away and never called me back and now her daughter is moving in which her daughter is named as executor if she died before dad or she can't do it the same one that is moving in, now I don't want to be greedy, I just want my uncles children and myself to have our birthright she and her children got theirs from my grandfather, she needs to execute the mothers will and my fathers will, grandmother died back in 2002, and both brothers werefighting with her to execute their mothers will so they could get things in order or sell or whatever, but she refused and they died.
2 Answers from Attorneys
Re: distributing w/o probating pt. 2
I am sorry for your loss.
Your Aunt was required by law to file any Will in her possession in Probate Court where it becomes a public record and can be viewed as part of the decedent's probate administration.
The executor is duty bound to file an inventory and accountings to show the distribution of assets is in accordance with the terms of the Will.
You may need to retain an attorney to file an objection in the Probate Court to require your Aunt to do the above or to appoint someone who will do so.
Good Luck!
Re: distributing w/o probating pt. 2
I am sorry for the loss your family has experienced.
You need to take yout aunt to court. She was required by law to probate the will within 30 days of death. With the help of an attorney, you need to demand that she probate the various wills and that there be a full accounting.
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