Legal Question in Wills and Trusts in Massachusetts

Re: Probate & Wills

Perhaps you are misunderstanding your attorney, or perhaps s/he is wrong.

Was the will ever presented to the probate court? If you were just approved executor, it is likely that you are still early on in the process, and distributions will not be made for a period of weeks or even months (which would explain his statement that the estate owns the property, not you).

It is possible that although your grandfather had a will, it was not a valid will. It is also possible that your attorney is trying to explain to you that while certain property passes automatically at death, most property will have to be probated, and will become part of the estate's assets before finally being distributed by the executor.

If you would like a second opinion or if you feel as though your attorney has not taken the right steps to probate the will, please feel free to contact me.

Re: Probate & Wills

Since you have a lawyer, you should ask your lawyer what he means. That is by far the simplest thing to do.

Assuming that your grandfather's will has been probated, you will need to know what is going on if you are to carry out the terms of the will.

In some cases, devises (gifts of real estate) can be "used up" in order to pay expenses of the estate, including creditor's claims, administration expenses, taxes, etcetera. This, however, is speculation.

You really need to inquire of your lawyer and have him explain the situation in terms that you can understand. If he doesn't or won't, you can certainly engage a successor attorney. Just bear in mind that the new attorney will have to take time to "get up to speed" on the situation of the estate...