Legal Question in Wills and Trusts in Massachusetts

Re: statue of limitations on a will in massachussets

I am sorry for your loss. If a Will was probated it will be a public record in the Probate Court for the County where the deceased resided before death.

The Statute does not run if proper notice was not given.

If review of the Will, if any, does not answer your questions consider retaining an attorney.

Re: statue of limitations on a will in massachussets

Although by law a will should be filed thirty days after the date of death, this often doesn't happen. There is a probate court procedure to force production of the will.

Your fact pattern raises a bigger question, however -- whether the deceased was competent to make a gift on the date of her death. It's one thing for an otherwise-healthy person to make a gift and two hours later unexpectedly drop dead. It's another thing if the deceased had been ill for some time and may not have been in sufficient possession of her faculties to understand. A gift can be nullified if you can prove a lack of capacity to make a gift or if the decedent was unduly influenced or defrauded.

I strongly suggest that your husband organize his facts and make an appointment with an attorney who handles a significant amount of probate litigation in the county in which the decedent lived.