Legal Question in Wills and Trusts in Massachusetts

will and letters of intent

My uncle passed away and provided letters of instruction to my mother indicating she would receive the majority of his assets. This letter was not notarized and indicated that his notarized will was in a safe in his house. My mother has not been able to gain access to the residence to retrieve the document. Does she have any recourse? His wife is fighting the claim and has indicated that the document does not exist. Knowing my uncle's wishes and his relationship with his wife I know that he would have wanted his assests to go to my mother. Is this worth pursuing? I was informed that if the estate was less than 200k everything would go to the spouse. I'm not sure of the value of the esate but wanted to verify if that was true. thank you for your time.


Asked on 5/21/07, 4:56 pm

2 Answers from Attorneys

Nicholas Adamucci ADAMUCCI, LLC

Re: will and letters of intent

The other answer is generally correct. However, if you need the assistance of a Connecticut lawyer, you can email me at [email protected].

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Answered on 5/22/07, 9:43 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: will and letters of intent

The critical document is a properly executed will. All other documents, except codicils are irrelevant. The executor of the will must live with the text of the will.

If a will cannot be produced, and you know where it is, you can seek action in court to force its production.

If you need any assistance, contact me.

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Answered on 5/21/07, 5:47 pm


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