Legal Question in Wills and Trusts in Massachusetts
i received a letter in the mail from an attorney that wants my signature on a waiver of surety, nomination and assent and waiver of notice. My father passed away last year and never heard anything about a will. The letter was initiated by my step mom with no real explanation. Is this something I should get legal advice on and do I have a right to see a will if there is one and whatever else I am signing away. He did not die suddenly so he had time to plan something but nothing was said to me.
2 Answers from Attorneys
You should not sign anything without first seeing the will. In reviewing the will you should be able to size up whether it is consistent with your father's intentions. If you have any reason to doubt that after reading it, you should contact an attorney,
You have the right to see the will. The attorney should provide it to you upon request. If he refuses to do so, you can likely find the will in the Registry of Probate of the county in which your father last lived.
Feel free to consult my web site, www.lawfang.com, and my blog about probate litigation to learn about the process for contesting the will, and some of the grounds upon which you can contest it.
You should ask to see the Will before signing a waiver of the Will. You do not say who the attorney purports to represent. Is it a sbiling, mother or step-mother?
It is not uncommon to ask for a waiver of surety, but I would want to see the Petition for probate of the Will and whether it is formal or informal.
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