Legal Question in Wills and Trusts in Massachusetts

Will not filed in MA after 4 months.

Hi, A great Uncle passed away at the beginning of February. I have been contacted by the executer to get my address/tel number, but was given no information. If a will needs to be filed withing 30 days how long can it go not being filed?

I have checked the court in the county he resided in at the time of his death and they say nothing has been filed with the probate court yet. Would I need an attorney to request a copy of the will at this point. I am sure money/property was left, so I know I am in the will. Are there any other options, or steps I could take to find out?

Thanks for your help.


Asked on 6/19/07, 2:37 pm

3 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Will not filed in MA after 4 months.

I agree with the advice of the other posters.

You should first attempt to write a friendly letter explaining who you are and requesting a copy of all relevant paperwork.

If that does not work, there are legal ways to force production of the will and documents.

Please let me know if I can be of some assistance.

[email protected]

www.vaughnmartel.com

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Answered on 6/20/07, 9:07 am
Alexandra Golden Golden Law Center

Re: Will not filed in MA after 4 months.

The one-month requirement is one of those things which is more honored in the breach.

There is a procedure to compel the will to be filed if it has not been filed. However, I suggest a polite telephone call or letter first, requesting a copy of the will and asking when the papers will be filed. (Make sure to take notes about the call or keep a copy of the letter.) If you have no response within a reasonable time (say, two weeks), then speak with an attorney who works in probate practice, as the procedures involved can be rather technical.

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Answered on 6/19/07, 3:00 pm

Re: Will not filed in MA after 4 months.

While a Will should be filed within 30 days by statute there is no real penalty for doing it later.

No you should not need an attorney to request a copy of the Will, but if the executor refuses, you may then need an attorney.

Good Luck

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Answered on 6/19/07, 3:28 pm


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