Legal Question in Wills and Trusts in Massachusetts
Will
Hi. My Father passed away and his will is now in Probate Court. Who should legally receive a copy of the will? My mom got upset because I have went and got a copy.
Thanks for your assistance
5 Answers from Attorneys
Re: Will
Generally, the Will and the other documents for your father's estate which have been filed at the Probate Court are all public records. Any family member or person who may have business with the estate has a right to look at it and make a copy.
Re: Will
Anyone may review the will if it has been filed with the Probate Court. Once it is filed, it is a public record.
Please let me know if I can assist you in any way.
Re: Will
Anyone may look at or obtain a copy of a Will once it has been filed with the Probate Court. Anyone who is a beneficiary under the Will and is an adult should be given a copy of the Will.
Re: Will
First of all, I am sorry for your loss.
As other attorneys have said, the will, once probated and allowed, is public record and available for inspection to interested parties.
To further answer your question, there are a number of probate rules regarding notice to heirs, as well as notices to persons who may have a beneficial interest in the will. The administration process can often be expedited by obtaining the assents of these persons.
It might be a good idea for the Executor to hire an attorney to represent him/her in carrying out his/her duties. Reasonable attorneys fees are properly billed and paid by the estate as an expense of administration.
Please feel free to contact me. I am located in Quincy.
Re: Will
Once probated, barring special or unusual circumstances, the will can be accessed by pretty much anyone.
Dealing with the death of a loved-one is obviously a stressfull time. Dealing with probate in many cases forces people to re-experience the loss and also deal with a legal/bureaucratic process that is stressful in and of itself. So sometimes people react emotionally rather than logically.
However, putting emotions aside, the probate process is important and should be approached in an informed way. So your desire to review to will is perfectly understandable.