Legal Question in Wills and Trusts in Massachusetts

Issue/topic: Wills

Background Info:

Parents live in Ohio

I have lived in Boston, Ma for 3 years and planning on staying here.

Parents will move to Boston in a few years.

My parents have a "will" made in Ohio

Question #1:

If something happens (Ex. death from car accident) to both parents while living in Ohio, how does that affect the "will" with me living in Boston, MA.?

Question # 2

If my parents are moving to Boston, Ma., and I plan on residing in Boston, MA. should they have a new "will" made by an lawyer in Boston?

Question # 3

Concerning my parents "will", they mentioned to me 90% goes to me and 10% to sibling. That sibling of mine is wealthy, therefore he has the resources to hire lawyers when the "will" is in court. What should/must be done so the "will" gets distributed as it states?

Question # 4

When a "will" is made in Boston, Ma., who keeps a copy for the courts when the time comes?

Thank You in advance for your time.


Asked on 12/01/10, 10:49 pm

1 Answer from Attorneys

If the Will complies withn Ohio Law it will be honored. As a general rule, Wills should be reviewed every 5 years. Your parents when they move here and establish residence, should have the Will reviewed by an Attorney here.

If your parents die before changing their residence, the Will is probated in Ohio not in MA. Your residence has no impact on where the Will is probated.

The Will should contain a provision requiring a forfeit of beneficial interest if any beneficiary challenges the Will.

The Will upon the death of a party is filed with the Probate Court in the county where your parents survived.

If you have more questions, please feel free to contact me.

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Answered on 12/07/10, 7:55 am


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