Legal Question in Wills and Trusts in Massachusetts

Re: Estate possibly lacking will.

First, I'm sorry for your loss.

Second, it's unclear from your note whether you or any other siblings are in contact with the one sibling who maintained contact with your parent. If you are, you may ask him or her whether there was a will. If there was, you are entitled to see it. Whoever has the will should file it with the probate court in the county where your mom or dad passed away. If the sibling does not want you to see the will, once it is filed you may review it at the court. You and all heirs at law and anyone named in the will must receive notice that the will has been presented for allowance. Once an executor is appointed, he or she will be in charge of the estate and must pay all debts and distribute remaining assets according to the terms of the will.

Thirdly, if there is no will, any party in interest may file to be the administrator of the estate at any time after 30 days after the date of death. Whoever files to be administrator must notify all heirs at law that he or she is filing to be named administrator. The administrator will be in charge of paying debts of the estate and distributing assets. If there is no will, the property will pass according to statute. If your parent left no surviving spouse, then the estate is divided among the surviving children. If any child predeceased your parent, his or her children will share that portion equally.

Please let me know if I can help you in any way. Good luck.

Re: Estate possibly lacking will.

I am sorry for your loss.

Ask the sibling who was in contact with your deceased parent whether there was a will. If there was, you are entitled to see it. Whoever has the will must file it with the probate court in the county where your deceased estranged parent resided.

Once a Will is filed you may review it at the court. You and all heirs at law and anyone named in the will must receive notice that the will has been presented for allowance. Once an executor is appointed, he or she must pay all debts and distribute remaining assets according to the terms of the will.

If there was no will, any interested party may file to be named the administrator of the estate at any time after 30 days after the date of death. Whoever files to be administrator must notify all heirs at law that he or she is filing to be named administrator. The administrator must pay debts of the estate and distribute assets. If there is no will, the property will pass according to statute. If your parent left no surviving spouse, then the estate is divided among the surviving children.

Re: Estate possibly lacking will.

If there is a Will, it has to be filed with the Probate Court in the County your father last resided. If there was no Will, the estate should be opened in that county as well.

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