Legal Question in Wills and Trusts in Massachusetts
Probate
Does one have to file a will in probate court. My dad passed away in 2005 and my brother who was the Executor never filed the will. I have issues regarding it and he will not show me the will and there is no record of him filing it in court. What can I do?
2 Answers from Attorneys
Re: Probate
I am sorry for your loss of your father and this unhappy circumstance with your brother.
There are criminal penalties for not filing a known Will in Probate court within 30 days of date of death.
You or your attorney should try to encourage your brother to file the Will or explain why he refuses to do so and/or to provide you with a copy so that you or your attorney can submit it for such Probate as is appropriate.
Good Luck!
Re: Probate
A will is supposed to be filed within 30 days of the death of a person. If your brother failed to file the Will, you can petition the court to open an estate for your father and seek your own appointment as Administrator.
The real question is did your father have any assets that required probate.
Good Luck
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