Legal Question in Wills and Trusts in Massachusetts

My father recently died (3 weeks ago). My brother & I have been estranged from him ever since he re-married. We live in California and my Dad and his wife resided in Massachusetts. She neglected to let us know anything about the wake and/or funeral and we were not even mentioned at his wake. (Someone attending let us know and sent us a copy of his obituary). We want to see a copy of his will and contest it if we were left out. How do we proceed? Do we need a lawyer? Thank you in advance. LKM


Asked on 4/29/12, 1:50 pm

3 Answers from Attorneys
Alan Fanger Alan S. Fanger, Esq.

You definitely need an attorney, as there are deadlines and important substantive requirements that go along with challenging a will. Please review my blog entries at www.lawfang.com to get a more thorough understanding of those requirements.

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Answered on 4/29/12, 2:03 pm

You need to contact an attorney. The Will should be filed within 30 days of the date of your father's death. There are not only deadlines for challenging a Will but you need to have substantive reasons for challenging the Will.

Please feel free to contact me at your earliest convenience.

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Answered on 4/29/12, 2:07 pm
Alan Pransky Law Office of Alan J. Pransky

You can't see the will unless it is probated. They have to give you notice if they probate his estate. Once that is done, you can see the probate and any will included. If they don't probate his estate, you can file a probate. You probably need to hire an attorney because of the distance. You may want to have a local attorney check the probate court on a regular basis (every week or two) to see if they probate the estate without giving you notice.

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Answered on 4/29/12, 4:22 pm


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