Legal Question in Wills and Trusts in Massachusetts

When my mother was quite elderly and ill, my sister had her change her will from me being executor to removing me and replacing me with herself and my brother. My mother, whose mind was not functioning well, signed the necessary documents. My sister never gave me a good reason as to why she did that, except that that was what mom wanted. Supposedly, mom left no money. Not to cause any problems and upset my mother, I never did probe this further. Now, it's been two years and my sister quit her job, her husband retired, my brother and his wife don't work and they all lead the same lifestyle as if they were employed and none were very good at saving money. I am concerned now that they were hiding a life insurance policy from me. How do I find that out?


Asked on 6/09/10, 9:39 am

1 Answer from Attorneys

Was an estate ever opened for your mother? Check with the probate court for the county where your mother died.

Did she have any retirement accounts or anything else?

Check and see if an estate was ever opened by your Sister. You should have been given notice. One problem you have is that claims are supposed to be made within in a year of her of the opening of an estate.

However, if you were never notified and/ or your sister lied to you and the court that is a different issue.

If not contact an attorney and Petition to open an estate. Then seek to have an independent administrator appointed.

I surmise that your sister had everything changed to joint accounts with her and your brother and the life insurance changed so she and your brother were sole beneficiaries.

To challenge all this will be expensive if you find out this is in fact what was done.

Good Luck

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Answered on 6/09/10, 12:59 pm


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