Legal Question in Wills and Trusts in Massachusetts
Time frame to execute a will
My aunt passed in May 2006. She had a lawyer as the executor, and the will went through probate by July 2006. Her home in Massachusetts had a problem with the septic system, and repairs were needed before the property could be sold. I have called the attorney in 11/06, 4/07, and 7/07 asking the status. His response every time is that there is an accessibility problem, and he needs to hire an engineer. What is the time limit here ? And what can I do ?
2 Answers from Attorneys
: Time frame to execute a will
There is no absolute time frame.
As a first step, you need to find exactly what he means by accessibility. If you do not get an adequate response, there are actions you can file in the probate court.
If you need assistance, contact me.
Re: Time frame to execute a will
Generally, it will take at least a year to probate the estate, because of certain laws affecting creditors claims, filing estate tax returns, etcetera. In some cases, where all liabilities are known, and there are plenty of assets in excess of claims, partial distributions can be made to beneficiaries pending payment of all creditors claims, taxes, and administration expenses.
Sometimes it is more effective for a beneficiary to write to an executor, requesting an explanation in writing as to the reason for a delay, especially if prior explanations were confusing.
If you need further assistance, please feel free to contact my office.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
