Legal Question in Wills and Trusts in Massachusetts
Prior to my uncle passing with cancer while in a rehab/hospital with a tracheotomy and constant morphine drip his girlfriend hired a lawyer with his funds that were transferred to her prior to his hospitalization. The lawyer, notary and witness from his office came to the hospital room and possibly had a will done there or revised it? I am trying to find out what his first born, only son's rights are to see the will as the lawyer will not let him see a copy nor will the beneficiary (his girlfriend) according to this lawyer nothing is in probate and stated there is nothing in the will. Are there any rights or laws to assist his son in viewing the will as there was Cash set for allocation to his son and the unless it was changed without notice? He has recieved nothing and no cooperation from his fathers girlfreind. His son & x-wife recieved a life insurance policy amount with $7,500 deducted for his funeral costs. We are going to research the policy to see if that was arranged with the Insurance company or if his girlfriend somehow had it deducted as it was my familys impression that his burial money was already put a side separetly. She also will not give his son any of his ashes. Any advise or website where I can find answers possible research would be greatly appreciated. Kindess regards, Lori
2 Answers from Attorneys
These cases are tough, but you may have an argument here for "undue influence" meaning the girlfriend exerted unreasonable persuasive measures on your uncle, or "lack of capacity" meaning that your uncle did not know what he was doing at the time he signed his will.
The son may have to file a will contest.
I would be happy to talk to him if you want to have him call me.
617-230-2779
These case are difficult, but the son should first go to the Probate Court for the County in which his father died and see if an estate has been open. If it has he should get a copy of the Will and the Petition and go see an attorney ASAP.
It is likely the son will have to file a Will contest as well as seek an accounting for the assets of his father.
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