Legal Question in Wills and Trusts in Massachusetts
was not notified of mothers death
My mother passed away about 12 days ago, i found out from a friend of mine who saw it in the paper the day of her funeral 5 days later. i manage to get flowers sent before the funeral. my sister is aware that i know of my moms death and i have called and left messages with her and she will not talk to me so i can not find anything out. i am aware that my mom had a will(sister has a copy) but do not know who the attorney is. how can i find out and how do i get a copy of the will before it is read or any thing under handed takes place it is just my sister and i. mom had some money tucked away as well as a house. is there a way for me to legally request a copy from my sister or to find out who the attorney is. is there a time limit on the process of the notifying and reading of the will as well as disbursment.
3 Answers from Attorneys
Re: was not notified of mothers death
You can check with the Clerk of the Probate Court for the County where your mother resided prior to her death. They can tell you if an estate has been opened.
An estate should be opened within 30 days of the date of your mother's death.
Re: was not notified of mothers death
You can call the clerk of court for the probate division in the county where your mother resided. They will tell you if probate has been filed and if probate was filed who the attorney for the Personal Representative is. You may also want to do a search of land records in the county to see if your mother still owned the house you think she owned. You may want to call a Florida probate attorney and discuss these issues in more detail.
Re: was not notified of mothers death
Chapter 191: Section 13 Duty of possessor of will upon death of testator
Section 13. A person having custody of a will, other than a register of probate, shall, within thirty days after notice of the death of the testator, deliver such will into the probate court having jurisdiction of the probate thereof, or to the executors named in the will, who shall themselves deliver it into such court within said time; and if a person neglects without reasonable cause so to deliver a will, after being duly cited for that purpose by such court, he may be committed to jail by warrant of the court until he delivers it as above provided, and shall be liable to a person who is aggrieved for the damage sustained by him by reason of such neglect.
As you can see from the above, your sister has 30 days to file the will in probate court for probating. Usually, the attorney for the estate gets the permission in writing from the other heirs to have the executor appointed and the will allowed, sending a copy of the will at the same time. It is rare to have a formal reading of the will these days, when heirs can be anywhere in the world and can get a copy by email, fax or mail within days. The court records are public.
She is answerable to you in court if she does not do so, and once she is appointed, she has a fiduciary duty to you to handle your mother's estate properly.
Let me know if you feel you want me to represent you in the estate probate.
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