Legal Question in Wills and Trusts in Massachusetts
found will after administrator appointed
Family assumed the deceased was intestate but after an administrator was assigned, a will was found. Must the will be probated and named executor take over or may administrator continue? Furthermore, must the demands of the will be met or may the administrator continue with distribution as previously outlined by state law?
4 Answers from Attorneys
Re: found will after administrator appointed
Failure to follow the will is grounds for criminal charges. The named executor (in the will) may refuse to serve as executor or may step aside in favor of alternate.
Re: found will after administrator appointed
I am sorry for the loss of your family member.
The will must be probated, and the executor should be appointed. The individual's wishes as expressed in the will should be carried out.
Depending on the size of the estate and nature of property owned by the decedent, you may be able to utilize an easier and cheaper 'voluntary administration'.
You should contact a probate attorney in your area.
Re: found will after administrator appointed
I am sorry for your loss.
The Will must be probated, and the executor should be appointed. Should the Will be proven to be valid it takes precedence and the decedent's wishes as expressed in the Will must be carried out.
Consider retaining an attorney to assist you with the probate of the Will.
Good Luck and Happy New Year.
Re: found will after administrator appointed
You must probate the Will and follow its directions, unless you have grounds to challenge its validity in court. Anything done by the administrator with respect to distribution will be subject to suit and there could be criminal charges.
File the Will, if the executor wants they can refuse to act and the administrator can serve in his or her place.
Good Luck.