Legal Question in Wills and Trusts in Massachusetts
Under Massachusetts law does one have to claim moneys awarded from someone who is not a family member, that willed $10,000 to them? The whole estate was under $500,000.
Asked on 4/27/11, 11:18 am
2 Answers from Attorneys
Alexandra Golden
Golden Law Center
The person who is entitled to the money can file a disclaimer with the executor and the probate court. If that happens, then the person doing the disclaiming will be treated as having predeceased the decedent. The Will, if properly drafted, should then dictate who is entitled to those funds.
Answered on 4/27/11, 11:27 am
If you are named in the Will and were to be paid $10,000 from the Estate and the Estate has the $10,000 then you do not need to file a claim. The Executor should pay you once the estate is ready to be closed.
Answered on 4/27/11, 11:28 am