Legal Question in Wills and Trusts in Massachusetts
My Uncle passed away in 1988. He was more than an Uncle to my sister and I, it was like we had another father. He took care of us just as our own father did. We consider ourselves lucky to have had two very kind and loving men in our lives. Our uncle had told my sister and I through the years that when he passed on that he wanted to make sure we were taken care of in his will. My sister and I would get upset when he started talking like that. When I had children of my own my uncle now became a grandfather figure to my children. When my uncle had a health issue a few months before passing away things started to change in the family. My Aunts daughter went in to his room and found his will while my uncle was in the hospital. Her daughter told family members that my Uncle was leaving most of his assets to my Aunt(my uncles sister that he lived with) to my sister and I. About 3 weeks before my uncle passed away, he had a health issue that almost took his life. He ended up being ok that first health incident. If my uncle had passed the will would have been they way my uncle wanted it. Right after that my Aunt told him that he had to leave the hospital and go home. My Mother told my uncle that the doctor told her that if he wanted to stay at the hospital he could. My uncle told my mother that he did not want to go home that he rather pass on at the hospital when it was time. Needless to say my Aunt made arrangements and took him home. Once he got home they had people come to the house and his will was changed. My aunt had one of those baby monitors set up in his room. When we would visit my sister told her I am shutting it off so I can spend time with my uncle. They didn't like that. Later on another day my other aunt told us that once the lawyers and bank guy came to the house that they shut down the monitor. They would not even let her go up to his room or hear anything they were doing. They did not want anyone to hear what they were doing. Needless to say, my uncle passed away shortly. A couple weeks after his passing a lawyer contacted my sister and I and some family members. I knew what was to come and did not want to go. My mother had a long talk with me and I went for my uncle no one else. Per the will my sister and I were given $2000.oo each. I did not even want that. Again my mother just about forced me to take it. Saying that my uncle would not want me to walk way. My Aunt told everyone my uncle died and had no assets. No insurance policy, no money, nothing. That made my uncle look bad and I know that would have bothered him. A year later I had been sent a check from my uncles insurance company stating that they had not given out the right interest on his life insurance money so they sent part of the difference to me since he had me on his life insurance policy. I received this check one year later on my uncles birthday. Imagine. The insurance policy that my aunt said he never had. In the end we knew that his assets of every kind had been taken by her. My question is this: Is there a way that I can get a copy of his first will, the one that was not tampered with. I just want to see after all these years what my uncle had wanted for my sister and I. All the family involved has now passed on so I was wondering if this possible?
Your help would be appreciated.,
Thank you,
Linda
1 Answer from Attorneys
Unless your uncle filed a copy of the original Will with teh Probate Court it is not liklely it still exists. It is far too long ago to do anything about the Wills. However, the new Will should be filed with the Probate Court and you can get a copy of it from the Probate Court from the County in which your uncle died.
Good Luck.
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