Legal Question in Wills and Trusts in Massachusetts
will of deceased
To whom it may concern,
My mom's sister died in Jan of this year. She left everything to her husband when she died. Her husband passed away a month later. It is our understanding he left the entire estate to four young women who came into the picture in the past few years, as my aunt and uncle's health was failing.They were both in their mid 80's. We think his will was made out the month after my mom's sister passed. And the month before he passed. He was in and out of the hospital during this period and was taking sedation. Is there a way to find out when his will was signed? And would it be possible to see a copy of the will? Your response would be greatly appreciated!
2 Answers from Attorneys
Re: will of deceased
You go to the Probate Court where your uncle died and find out if the Will has been filed for probate. The Will have a date it was executed on it.
Also, you should see if your Aunt had a Will and if it required your uncle to survive her by a certain number of days. If he did not survive her for a sufficient period her estate would go to someone else. This would not effect their home if held by tenants by the entireties.
Good Luck.
will of deceased
I agree with Jonathan.
Many wills contain a survival clause where the beneficiary must outlive the person who died. Otherwise, the will presumes that that beneficiary is not a beneficiary. THis may be a problem.
The issues you raised really do require at least a consultation with an attorney.
If you have any other questions, please contact me.
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