Legal Question in Wills and Trusts in Massachusetts

Probate, Trust , Wills, Estate
Mother dies at age 98 in 2002. 3 living children over age 60. Will never probated. Don't know if there is one. Oldest daughter is Trustee of the Trust that holds the mothers house. Daughter has not disclosed the Will or beneficiaries of Trust. Ok not to probate will if house was in a Trust because she did not have over 15G. But, now son dies. Under the presumption that he was a beneficiary of the mother�s Trust, he leaves his portion to his two children. Trustee still won�t disclose info. Mother and two daughters had a lien on the recently deceased son�s cape home which he also left to his children. Sisters will sign off on lien and on mother�s portion but how and who signs off on the mother�s portion to properly discharge the lien?

Asked on 7/17/08, 3:46 pm

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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: Probate, Trust , Wills, Estate

Some record of the trust should be available in the registry of deeds. As to the existence of a will, that is a tough one.

You raise complex issues of fact and law which require, I believe, legal assistance.

Answered on 7/17/08, 8:59 pm

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