Legal Question in Wills and Trusts in Massachusetts
Right to Kknow?
My dad pasted away in May or June
2005. I have heard from family that
he had two life insurance policies.
One was purchased with my mother
in the early 1980''s. The second was
later with his second wife. Other
than attending his funeral. I have
not seen or heard if there was a will,
and if I was to be left anything. His
second wife and my mother have
been elusive when I've talked to
them about it. I know my mother
received one life insurance payout.
I'm told from family it was a
$108,000 payout. I had received a
check in Feb 2006 for $5000. Since
this time, there has been very little
information exchanged. Being his
child, do I have the right to request a
copy of his will? Have I waited too
long to make an issue of this? His
last residence was in Florida. My
mothers residence is in Vermont. A
service was held in Methuen, MA.
Any help would be appriciated.
1 Answer from Attorneys
Re: Right to Kknow?
You can certainly request a copy of the will, and if family do not provide it to you, you can probably get a copy from the court where it was probated, or if there was additional probate in another state, it is conceivable you could get a copy from the other state.
Wills, when filed after death, are public documents, intended to clarify title to the decedent's property.
As far as "making an issue", you have certain rights under the probate laws of most states, as "next-of-kin." However, once you have official notice, you need to act within the time parameters stated. There can also be an issue of "sleeping on your rights" when you know or should know that your rights are not being respected. It is best to discuss the facts and circumstances in detail with an attorney, because each situation is different.
If this is a matter which is important enough to spend money on, you could contact an attorney in the state where your father's probate occurred to follow up.
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