Legal Question in Wills and Trusts in Massachusetts
Will is too old?
My father past away last week. He had a will, requesting all funds/property be distibuted to myself and 2 other siblings equally at 1/3. The attorney told me that my father's will is to old and therefore he needs to prepare legal documents for each of the siblings to agree to the 1/3. We have all verbally told the attorney there is no conflict with the split. In addition, the attorney stated that once these forms are signed it will still take 90 days before funds are disbursed. Is this an attorney opinion or is this somehow Massachusetts law?
2 Answers from Attorneys
Re: Will is too old?
There is no such thing as a will being too old in Massachusetts. I suggest that you consult a different attorney about this matter.
Re: Will is too old?
When he said the will was "too old" your attorney
probably meant that the will lacked a self-proving
affidavit which is a page in the will signed by
the witnesses to certify that the testator (your
father) was of sound mind and over 18 years of age
when he signed the will. This affidavit eliminates
the former requirement of bringing the witnesses
into court to swear formally. This affidavit
wasn't used prior to the 1980's but is part of
every will drawn now-a-days.
As far as the disbursement in 90 days is concerned
that's pretty fast! I hope there are no creditors
of your father's estate because they have a year
from the date of your dad's death to perfect their
claims against the estate. If the assets are
disbursed before the claim is perfected, guess who
pays? The executor does unless he can get his
siblings to contribute. In most families you'll
find that in the Fat Chance file.
However, if your dad had no bills when he died,
or they've already been paid off, then you don't
have to worry.
Good Luck
Bill St. James
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