Legal Question in Wills and Trusts in Massachusetts
Fathers will
Father retired and moved away with remarried family nearly 20 years ago, we were out of touch the entire time.
His second wife divorced him shortly after retirement, and he lived his remaining years alone.
Received a phone call this past spring he was found dead in his home.
At wake and funeral I learned he had a will, and discovered he left me a specified dollar sum.
My question is...Taxable? If so how much?
Am I able to view prior wills made out by my father?
(the will was dated 7 months prior to his death, he knew he was going to die soon as per heart condition).
Where the will specified dollar amount...do I have to wait until executrix gets around to disbursement?
3 Answers from Attorneys
Re: Fathers will
The level at which inheritance taxes are due is $ 0,000.00. Relative to the right to see "old" wills, there is no such formal right. The last executed will is always the controlling document, so long as your father had capacity to execute same. Relative to any delay in probating the will, if the executrix does not move to file and probate the will, you may petition the Probate Court to probate same. (What state/jusridiction did he die in?) In Massachusetts, the general period for completing the probating of an estate is 12 months.
Re: Fathers will
In viewing my last response, I noticed the dollar amount of the estate tax credit. Presently it is a gross amount of $650,000.00. This means that the amount of the gross estate over this amount is taxable.
Re: Fathers will
Even if your father's total estate is over $675,000 in value, you probably won't have to pay any taxes and the gift to you will be the whole amount, unless the will says something otherwise. (There is usually a "tax apportionment" clause in the will which hits on this subject but uses legal language or leaves out law that would make it more clear.) Please fax or mail (or e-mail) me a copy of the will plus your estimation of what was in the estate. If the estate was large enough, there was probably a trust involved also, and you should send a copy of that, too, preferably by mail.
Yes, you can see prior wills, but you don't get to pick and choose amongst them at your whim. Why do you care about prior wills?
Was your father competent when he made out his last will? Does the will name his ex-wife? When were they divorced, before or after he signed that will? Were you treated fairly in the will, in your opinion?
Who is the executrix? There are definitely time periods for the executrix to pay you and it is hard to force her to pay you any faster than is convenient, but cooperatively it usually happens.
If you want more help, answer those questions by e-mail and call me at (617)527-0050.
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