Legal Question in Wills and Trusts in Massachusetts

Probate

My Uncle died on Oct 2,2005. In mid December I received a notice of petition for probate of will along with Information and Rights of intrested parties. I was named as an intrested party. I spoke with a court clerk and was told I would receive a check one year from the date of death. Nothing has been done. The exector has not followed the courts rules as to filing assets but the court has a dollar amount on said assets. Why was I notified, and should I expect anything?


Asked on 8/13/07, 1:37 pm

4 Answers from Attorneys

Denise Leydon Harvey Harvey Law Offices

Re: Probate

You should contact the executor and check on the status of the estate. As an interested party, you are entitled to see the will. You should be aware, however, that even though you are an interested party, you may not be named in the will to receive anything.

Please let me know if I can assist you, either in getting a copy of the will, or in contacting the executor.

Good luck.

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Answered on 8/13/07, 2:06 pm
Alexandra Golden Golden Law Center

Re: Probate

You can get the ball rolling by sending a certified letter to the executor formally requesting a copy of the Inventory, the Account, and your funds. If that gets you nowhere -- which it probably will -- you should hire a Massachusetts attorney, as there are formal procedural steps that need to be followed to file a demand for an account and otherwise put some teeth behind your claims. Your letter will be helpful to your attorney because it will show that you tried to resolve the matter on your own but got nowhere.

Please feel free to contact me if I can be of assistance.

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Answered on 8/13/07, 2:07 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Probate

You should appear as an interested party in the probate proceeding. If the Executor is not doing his job, ask the court to make you or someone else the executor. I don't know why a court clerk would tell you to expect a check in one year. Nothing could be more rediculous. You must monitor all of the proceedings to assure your inheritance and be willing to be active.

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Answered on 8/13/07, 10:33 pm

Re: Probate

You should contact the Executor and ask to see the WIll and the accounting as filed with the Court.

If he does not respond, you should contact an attorney and seek a Court Order for an accounting and a response as to when the estate will be finalized.

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Answered on 8/14/07, 9:40 am


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