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.
3 Answers from Attorneys
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.
www.vaughnmartel.com
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.
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