Legal Question in Wills and Trusts in Massachusetts
My father passed away recently and his attorney has the original will. I asked to have the original and he told me he can only give it to another attorney or the probate court. Is this the case? I think he's upset that I've chosen to use another attorney to handle the probate.
Thanks,
Bob K
2 Answers from Attorneys
He wants to be sure the original Will is properly filed with the court and not destroyed. If you have retained another attorney, simply have him request the Will be delivered to him for filing with the Court or ask your father's attorney to deposit the Will with the Probate Court. The depositing of the Will with the Probate Court is not a filing or a Petition to open the estate.
I assume you are named Executor under your father's Will and as such there is no reason for him not to give it to you. However, rather than argue just have your new attorney handle it.
I agree with Attorney Roth. I wouldn't just turn the Will over to anybody. The named executor should obtain the Will and have it probated in the Probate Court.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
