Legal Question in Wills and Trusts in Massachusetts
Wife's Parents Not Honoring Grandparents Will
Recently, a friend of my wife's parents told her that, to her knowledge, she was bequeathed some real estate and jewelry when her grandfather died. This was about 22 years ago. At the time she was about 16 and her father was executor. The county has no record of the will and the law firm that handled grandfather's estate is no longer in business. Is there any way to verify what was expressly bequeathed my wife? Her parents, as legal guardians at time and with executor status, appear to have withheld this information.
2 Answers from Attorneys
Re: Wife's Parents Not Honoring Grandparents Will
Your question is a little confusing in that when "executor" status is mentioned, it suggests that a will was filed with the court and allowed.
A couple of general points: In general, a law firm assisting on the administration of an estate would probably look askance at ignoring a will which they were aware of. There is an obligation to file a will within thirty days' of the date of death. (Albeit, a reasonably prompt filing probably suffices.) Also, if the law firm was in possession of the original will, standard practice would be for the law firm to prepare the petition for probate, and for it to file the will and probate paperwork.
If there were no law firm involved, it might be a different situation. But, on the sound of it, the friend's memory sounds somewhat faulty.
If it is a Massachusetts will, you need to know where the grandfather lived when he died (that will be the location for probate), and when the will was probated (look within six to nine months of death). If the grandfather owned real estate, you can look in the land records for where his real estate was (e.g. his home), and look at what happened with that real estate. A deed from an executor would typically reference the probate court and docket number.
: Wife's Parents Not Honoring Grandparents Will
This is a very long time.
Most court records are long gone, or in some storage facility.
I would demand from this folks an accounting of any gifts and distributions that were designated for you.
I would also ask for a copy of the will, an inventory, and all accountings that may have been filed.
Your task is going to be near impossible.