Legal Question in Wills and Trusts in Massachusetts
executor didn't follow will
My mom passed away back in 1999. She was retired, living with us at least 3-5 days out of the week. Before she passed away she stated that one of her sons borrowed $10,000 again the estate and if anything should happen that this was to be deducted from her estate. Mom stated that her estate was worth $64,000. Mom had her sister be executor of the will. At the time of gathering, the funds of $10,000 were not deducted or amount disclosed of what she had. Received a check for $6,000. and was told to be lucky to receive this. I believe my aunt took 50% to purchase herself a home. Where would we find a copy of the will and is there anyway to get what was in her total retirement plan along with an IRS income tax copy going back to the year she was deceased?
2 Answers from Attorneys
Re: executor didn't follow will
You can obtain a copy of the will and other probate documents from the court which handled the probate. You should also get a copy of any inventory and account that may have been filed to see what assets were in the probate estate and how they were distributed. However, unless there was no living person (or trust) named to receive the payout from the retirement plan, the will does NOT control the disposition of retirement benefits.
You also may have a problem with the statute of limitations. If it's been a decade since your mother's death, you may have sat on your rights too long. Consult with a probate litigator to be sure.
Re: executor didn't follow will
Assuming that your mother's will was properly probated, you can go to the Probate Court for the county where she resided and request a copy of it.
Together with the will should be the executors accounting and all other paperwork.
Please do not hesitate to contact my office if you would like to schedule a consultation.
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