Legal Question in Wills and Trusts in Massachusetts

real estate law, probate

i became an heir to mothers estate through intestate laws, now i am told mom had a will at time of death, if a copy of will is produced does this mean i am no longer an heir i am told iwas dis inherited in the will but have not seen the will and if i am an heir can i request that i be allowed to live in my moms hopuse while it has been empty over 1 year and seem s like no immediate plans to sell are present


Asked on 2/20/08, 2:28 pm

2 Answers from Attorneys
Herbert Cooper Law Offices of Jameson & Cooper

Re: real estate law, probate

Normally, a will should be filed within 30 days of death. You should be given notice of a petition to probate a will, as next-of-kin. The will, when filed, becomes a public document, and you can ask whoever is seeking to probate it to provide you with a copy, or obtain a copy directly from the court. You have only a limited time to challenge the will, so you should consider contacting an attorney promptly.

While there may be sound reasons for the house to be inhabited, it will depend upon whether the will addresses the issue, assuming that the will is allowed. Again, it would be useful to contact an attorney to be sure of what rights you may have in your particular circumstances.

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Answered on 2/21/08, 12:02 pm

Re: real estate law, probate

If you have been disinherited you can challenge the Will, if you have grounds. AS to being able to live in the home, this is a matter for the Executor of the estate.

The Will should be an original Will and you may be able to challenge it depending upon when it was written and if the version presented is an original.

I suggest you contact an attorney.

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Answered on 2/20/08, 4:36 pm


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