Legal Question in Wills and Trusts in Massachusetts
refusal to probate will
My sister is coexecutor of my father's will of which she has the original. She is angry at family members and is refusing to submit the will for probate stating that she will hold on to it ''for years'', if she so desires. Can anything be done to remove her from the position of coexecutor?
3 Answers from Attorneys
Re: refusal to probate will
Anyone in possession of a will has a legal obligation to file it with the probate court within thirty days of the date of death. They can be compelled to do so by the court.
Please feel free to contact me if you need assistance.
Re: refusal to probate will
Your sister can be compelled by the Court to produce the will for probate.
It may also be possible to have her removed as co-executor. Please feel free to contact me should you have any further questions.
Re: refusal to probate will
Your sister can be compelled by the Court to file the Will and her refusal is grounds to remove her as Co-Executor.
If you need assistance please feel free to contact me.
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