Legal Question in Wills and Trusts in Massachusetts
My Grandfather had passed away recently I am 26 and my sister is 22 our whole life he had told us we would receive what was in his savings from his will my aunt is the executor of it, but she has not told us anything about what we would receive besides something from a retirement plan,which she is also saying now my sister and I have to split our half with her son which was never stated anywhere or by my grandfather so at the end.. she is making out with a house me and my sister lived in our whole lives with him..and 30g from the retirement and whatever was in the savings while we have to split 30 now 3 ways and have no house to live in I believe if we are going to be put out we should at least have money to land on our feet. I believe she is trying to distract us with this retirement so we forget about the savings account.If this is the case and she does not plan on giving us this money which I heard my grandfather say over and over was for us and i am 90 percent positive its in the will also what could we do??He had left his house to his 3 children 2 one being my mom died and now she is left with everything I believe she has already started spending the money in the savings and think this all really unfair Are my sister an I entitled to anything our mother would have received? He was very sick at the end and I also believe she might have changed his will without his knowledge...this isn't what my grandfather wanted any advice with these questions and suggestions would be very helpful I dont want to start a war within my family but at the same time I want my grandfathers wishes to be respected thanks
2 Answers from Attorneys
First, you should go to the probate court in the county where your grandfather died and see if an estate was open and get a copy of the Will and any documents filed.
You as the heirs of your mother should have been given notice of the Petition for the appointment of the Executor or administrator. If your grandfather did not have a Will and did not leave accounts as joint tenants with anyone, you and your sister should be entitled to at least 1/3rd of the estate after expenses (1/6th each).
Once you get a copy of what has been filed in probate, contact an attorney. You may be able to access the Deed for your grandfather's home on line and see if he has named anyone on the deed. He will be able to assist you in determining your rights at that point forward.
Please feel free to contact me if you have additional questions.
I am sorry for your loss of your Grandfather. Retain an attorney without delay to protect your interests in his estate. Good Luck!
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