Legal Question in Wills and Trusts in Massachusetts
Grandfather's will
My grandparents had two daughters, and when my grandmother died in 1970, my grandfather remarried a few years later to a woman who already had a grown daughter also. My grandfather told his daughters that when he died, the house he lived in would be his wife's until she decided to sell it, at which point the house would be split three ways between his two daughters and stepdaughter. My grandfather passed away Dec. 1999. My mother heard nothing about the will. She has been in touch with her stepmother for some time, but was able to visit her last year. Her stepmother had sold the house (my mother grew up in!) and bought a condo. My mother delicately asked about the will, and she was told, ''Oh, you weren't mentioned in it, so you don't need to worry about it.'' I find this very hard to believe, as my grandfather told the girls over and over what his plans were. How do I obtain a copy of his will? I contacted the county where he died, and they said it wasn't in probate. An obvious solution would be to try and get some info from her sister, but they are estranged, and it would be awkward to make contact just about the will. I am pretty sure my aunt got nothing, also. Thanks!
1 Answer from Attorneys
Re: Grandfather's will
If there was a will and it was not probated, you may never be able to find it. If you know who your grandfather was using as a lawyer, you can ask there. Most states require a person having physical custody of a will to probate it in a short period. That includes a lawyer. If grandfather kept it himself, it may not be possible to find it, especially since his widow sold the house and moved.
If the will was made before he remarried, it would have been voided in most states by his remarriage.
I would suggest looking at the deed to the house, because if it was redone after his remarriage, it might well have both your grandfather and stepgrandmother as tenants by the entirety or the equivalent form in the state where he died. In that case, the real estate would have passed by operation of the deed, not any will.
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