Legal Question in Wills and Trusts in Massachusetts
Husband who destroyed Will
My sister was awarded a large sum of money in a lawsuit recently. In the meantime, she became seriously ill and passed away 2 weeks ago. My sister was awarded this money solely to her and not in her husand's name as the related lawsuit occurred prior to their marriage 4 years ago. While she was in the hospital she had a Will drawn up by an attorney and excluded her current husband from receiving any of her lawsuit settlement monies. She explained and read to many family members her reasons and dollar amounts she was leaving to various people (she had a long list of people - some of whom were not family members also). I thought that was wonderful as this is what she wanted to do with this money. Her current husband was outraged and expressed this to many people. He also stated he was going to divorce her once she got out of the hospital. She passed away 2 weeks ago and never made it out of the hospital. She instructed and believed that her husband obeyed her wishes (as he told us he did also) and said he filed the Will with the attorney. He has since advise that he destroyed the Will and that my sister changed her mind in the end. Everyone knows she would never do that. Can her husband be charged with anything?
3 Answers from Attorneys
Re: Husband who destroyed Will
You can hire an attorney and challenge the husband's story and ask the attorney who drafted the Will to give you a copy. The real issue is who the court will believe. If there is an executed copy of the Will you can attempt to get it approved by the Court and challenge the husband's claims against the estate for more than a dower share under the statute.
It will also depend on where the money is and whose name it is held.
If you wish to discuss this with me, please feel free to contact me.
: Husband who destroyed Will
You can also, if possible, find out who the witnesses were, and who may have notarized the will.
Getting statements from these folks right away is essential.
You really need an attorney to guide you through this, and if you wish such help contact me.
Re: Husband who destroyed Will
There are criminal penalties for destruction of a will by anyone other than the testatrix or someone at her direction.
Retain an attorney to challenge the Husband's story and get a copy of the will from the attorney who drafted it and take sworn statements by all who witnessed it and to whom your sister described her wishes in drafting it as she did.
You may contact me at [email protected] if you wish to retain my services.
Joseph M. Murray, Esq.
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