Legal Question in Wills and Trusts in Massachusetts

: Trying to get inheritance

You can force the issue by filing an action in the probate court. This could also stop any sales and any action on the property pending the action of the court. Then you can discover the status of the property.

TIme is of the essence!

Should you need any assistance or have any questions, contact me.

Re: Trying to get inheritance

The simple answer is that you need to speak with an attorney. There are too many questions to ask on this forum based upon the limited information provided, including whether any reason was given for not probating the will, the relationship between the will and the trust, whether the will was executed after the deed, why the deed was never recorded, the competency of your grandmother when the will and trust were executed, etcetera. There are various actions which could be taken depending upon the outcome. It is also not clear how the trust came to own the house and acreage.

Please feel free to consult with my office or another capable attorney, and you should probably do so soon, at risk of losing certain of your rights.

Re: Trying to get inheritance

The Executor has no authority to sell anything unless the will has been admitted to probate and the Executor receives an appointment. If the deed allegedly transferring the property to the trust was not recorded during your grandmother's lifetime, it is possible (depending on other facts!) that title might not have been transferred at all. The trustee cannot sell something that the trust does not own.

This is clearly something of a mess and should be carefully reviewed by an attorney -- the sooner, the better. Please contact me if you wish.