Legal Question in Wills and Trusts in Massachusetts

Hello, My grandfather passed away in March and in his will he left $5,000 each to my 2 sisters and I, as well as some money to a few churches and then the rest was to go to his brother. My Grandmother and he never actually married but there was a deed which awarded the house to her. There were some money market accounts totaling about 250,000. In order to prevent the brother from trying to fight the deed to the house, she gave him $125,000. There was a bank account with about $20,000 in it. This was used to pay the funeral costs etc. The brother seems to be trying to get out of paying us our $5,000 each and will pay us "what's left", which will most likely be nothing. Shouldn't he (being the executor of the will) be required to pay us that money being that there is definitely enough money between all of the assets he had?


Asked on 7/13/10, 3:05 pm

2 Answers from Attorneys

If the house is an asset of the estate and there is no specific reference to the disposition of the house or other assets, then your uncle should pay the $5,000 to each of you. However, to be sure I would actually have to see the Will.

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Answered on 7/13/10, 6:58 pm
Denise Leydon Harvey Harvey Law Offices

Also, it depends on how the $250,000 was held. If it was held jointly with your grandmother, and the deed transferred the house to her prior to your grandfather's death, there may not be enough probate assets to distribute as the will requires. You should get an accounting from your granduncle as to how much is in the estate and also look at the will and deed.

Please let me know if I can help you. Good luck -

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Answered on 7/14/10, 6:20 am


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