Legal Question in Wills and Trusts in Massachusetts

Re: Executor of Will

I am sorry to hear that your Mother is terminally ill and hope you can reconcile before her death.

If you can not learn from her or the person who told you that you were named as executor in her Will, perhaps you can learn the name of the attorney who drafted it, keeping in mind that a Will is a private document that does not become effective until after the testator dies and it is filed in court and becomes public.

Consider retaining an attorney in Massachusetts to assist you with this.

Re: Executor of Will

Because your mother is still here, her will is not yet effective. She may have changed her will to name another executor. If someone told you that you are named in her most recent will, that person may have a copy of the will that he or she can provide to you.

If your mother did name you, and your address is known to someone in or close to the family, you will likely be notified that you have been named to serve as executor. You are not required to serve if you don't want to. There is a specific form you can fill out if that is the case.

As an aside, this may be a good time to visit or speak with your mother. If there is a possibility of a reconciliation, this is the time for it.

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

Re: Executor of Will

I'm sorry to hear that your mother's health is failing. As Attorney Harvey said, now may be a good time to find some sort of peace with your mother.

You may have been named Executor of her will, even without your knowledge, and even without having been sent a copy of the will.

As Attorney Harvey pointed out, assuming that you are still named Executor in her will, you will be notified when it becomes time to Petition the Court for the appointment of an executor.

At that time, you may wish to hire a local attorney to carry out your duties as executor of her estate. You may also choose to decline to serve as Executor if you wish.