Legal Question in Wills and Trusts in Massachusetts

Re: parent's will

In Massachusetts, we do not have a formal procedure to "read" a will. A Petition to Probate the Estate may be filed with the will 30 days after the maker's date of death. The Petition asks the court to admit the will into probate and to appoint the person who was nominated as executor to that post. An experienced probate attorney can guide you through the process and be sure that paperwork is correctly prepared and filed, notify all appropriate parties, help you determine which creditors have valid claims, address tax issues, and so forth.

During the period between the date of death and the appointment of an executor, there are plenty of things a nominated executor can and should be doing, such as determining where the bank accounts are located and organizing the decedent's financial records.

I would be pleased to speak with you further if you have more questions.

Re: parent's will

You seem to have concern about your parents' will. To be clear, in Massachusetts, if someone is in possession of an original will (i.e., not a copy), it is supposed to be filed within 30 days of the date of death. While a formal "reading" is neither required nor frequent practice, you certainly could contact your parents' lawyer to see a copy, if there is one. As far as procedures go, it is useful and important to involve an attorney early on, to avoid problems later and to speed administration of the estate.

The executor or administrator of the estate (or estates, if one parent's estate still needs to be administered), is in charge of paying debts, collecting assets, paying taxes, filing accounts, and making distributions according to the will when the foregoing is taken care of.

If you need any assistance, I see clients in Wellesley, Massachusetts, and Concord, New Hampshire, and I am licensed in both states.

Re: parent's will

A Will in MA should be filed in Probate Court within 30 days of the date of death. It needs to be the original Will. The executor needs to be appointed and to file an accounting and pay all bills, file tax returns etc.

If I can be of assistance please do not hesitate to contact me.