Legal Question in Wills and Trusts in Massachusetts
Job of Executrix
My enstranged father that had adopted me under Commonwealth law in 1974 died in early Feb 2008 and I was not notified by the Executrix of his death, nor was my name listed in the obituary. I have also not received a copy of the will. It has been over 30 days. My mom (divorced for over 16 years from my father) received a typed letter from the executrix stating how my father still loved her so much, ect.... My question is, Isnt it the responsibility of the Executrix to notify me of his death and provide me a copy of the will, even if I am enstranged and possibly disinherited. My father also has 1 blood daughter and took on the responsibility of assuming father duty for her 1/2 brother, they both knew of his death and know there is a will and some of what is in it. No one seems to be talking. I want to make sure this Executrix is performing her duties as the Commonwealth law calls for. She can't state she tried to locate me, because my sister and brother found me, and the Executrix sent my mother a typed letter soon after the death. I want to ensure this Executrix is properly performing her duties up to the law.
Regardless if I am in the will or not I am under Commonwealth of Mass law his child.
2 Answers from Attorneys
Re: Job of Executrix
If you were adopted, then you are his child even if you have been "estranged." It is possible that the executrix did not know of your existence or your whereabouts. However, now that you are aware of her existence, you can contact her and request a copy of the will. You could also ask your mother for a copy of the will if she has received a copy. If you prefer, you may also view a copy of the will in the probate court of the county where your father was living when he passed away. Because you refer to the person as executrix, I am assuming that she has in fact been appointed by a probate court.
Please let me know if I can assist you.
Re: Job of Executrix
If your father left a Will it will be on file at the County Probate court where your father last resided. I would suggest you go to the court or call them and order a copy of the Will if filed.
That will provide you information regarding whether you are in your father's Will or not. It will also indicate whether your Executirx is complying with her duties.
I would also inform her in writing of your contact information for sending any required notices. Send the letter certified return receipt.
Good Luck
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