Legal Question in Wills and Trusts in Massachusetts
executor of will
Evidently before my mom passed, my sister was chosen as executor of the will, her having received all inheritance. Since my mom passed recently, my sister won't say a word of the will. Should I have been notified by the attorney who suposedly wrote up the will to advize me who the executor of the will was? If the answer is yes, what recourse would I have? Would my sister's inheritance be legal? Thank you.
3 Answers from Attorneys
Re: executor of will
Thanks for your message. What you have described sounds quite suspicious. I see this "profile" of case quite often, and generally it involves a child trying to take advantage of an ailing parent. Wills can be invalidated in these situations, though it requires making a challenge to the will in the Probate Court.
The will is required to be filed with the Probate Court within 30 days of the date of death. It is a public document and you have every right to see it at the court. Moreover, at the same time that the will is filed, a notice is required to go out to all "heirs at law"--in your mom's case, all of her children--announcing the probate of the estate and requiring that anyone seeking to challenge the will or the person nominated to be executor of the estate file an "appearance" by the date listed on the notice. If you haven't received that notice, you should get it soon. The fact that your sister will not share the will with you tells me loudly and clearly that you may have been the victim of manipulation by her of your mother. I am available to discuss this in greater detail. Please consult my blog at theneedhamblog.typepad.com/estatedisputes to get a more comprehensive overview of the law.
Re: executor of will
There is no reading of the will. You can, however, force the person with the will, to file it with the probate court.
Re: executor of will
My condolences on the loss of your Mother.
A Will must be filed in the Probate court for the County where your Mother lived and becomes a public document. You should retain an attorney to challenge it if you suspect it was the product of undue influence exerted upon your Mother. Good Luck!