Legal Question in Wills and Trusts in Massachusetts
Intestate-Oral Directive
I live in Massachusetts. My uncle died without a will. He did communicate an oral directive to Mr. X, his friend of 52 years, and whose home he spent his last days at, about the disposition of his property, in front of three unrelated witnesses, leaving everything to my brother and myself. Mr. X, applied to become administrator of the estate with the consent of my brother and myself, being that this is what my uncle wanted.
A cousin in another town filed to become administrator because Mr. X did not designate her, another niece, two nephews, and a sister in a nursing home in the petition. He was following what my uncle asked him to do. My uncle did not consider the others ''family'' as they never called on him in all the years he lived. My brother and I had been in his life more than they could ever imagine, with people who will attest to that.
Has there ever been a ruling where an oral directive has held up in court under these conditions?
1 Answer from Attorneys
Re: Intestate-Oral Directive
If your uncle died without a valid written will, then his estate would be distributed based on state law. Your uncle is considered to have died intestate (without a will). As mentioned, his estate will be distributed based on state law. I do not know of any case where an oral directive has been sufficient. While Mr. X can certainly apply to the court to be appointed executor, I would suggest Mr. X. hire a competent probate attorney to assist since the executor may be liable if the estate is not properly probated. For example, all of the heirs are not named in the petition. Unfortunately, if your uncle wanted to direct the distribution of his estate, he should have executed a valid written will.
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