Legal Question in Wills and Trusts in Massachusetts
I had a verbal agreement with my mother to pay 1/2 of her monthly mortgage, including property taxes and the quarterly water bill, based on the promise she was leaving the house to my sister and myself to be split 50/50. All my checks I wrote out to her referenced 1/2 mortgage paymen. Upon her death, 05/11, an unsigned and unwitnessed copy of her will was made available to me and the house was given in its entirety to her granddaughter, my neice. I discovered she had this will written in 2009. Do I have any recourse to recoup any of my payments of the mortgage and taxes based on the fact she accepted these payments under false pretenses?. Upon repeated requests to the lawyer for a copy of the will showing her signature and witness signatures he will not provide me with a signed copy, all he will state is that the unsigned copy I have in my possesion is in fact a copy of her will, since she is now deceased why would I not be able to see a signed copy?
3 Answers from Attorneys
You are focusing on the wrong thing. Instead of questioning if your copy of the will has a signature, you should be planning on how you will object to the will. You will be given notice when the will is filed with the court and then you can go to the courthouse and get a copy as filed. You will also have the right to object to the will and protect your claim for one half of the house. You should consult a lawyer about this and dtermine your rights.
If there is no signature or even if there is, you should file an objection to the Will. Has the original WIll been filed with the probate court. If the original is not available to the Court, then you have a good case ot
An Affidavit has to be filed asserting that not only was the original misplaced but that your Mother confirmed the Will as written was valid and her intent.
You need to contact an attorney ASAP.
If you want to discuss your options with out obligation, please feel free to contact me.
I agree with the attorneys above. From the facts you state you are entitled, likely, to 1/2 of your mother's estate. You should retain council to help protect your rights.
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.
