Legal Question in Wills and Trusts in Massachusetts

Re: will and probate

My condolences upon the death of your grandfather and grandmother.

In general, one would have to figure out who held the wills, and request that the will be offered for probate.

There are presumptions concerning wills, depending upon who held the will. A person who has executed a will can later revoke it by destroying it with the intent to revoke it.

Unfortunately, you will probably need to contact a probate attorney to pursue the matter (i.e., finding and offering the will for probate, so its terms can be carried out, or pursuing intestate administration). Under the circumstances, the attorney make take steps to locate any will executed by the decedent, and arrange for it to be filed with the court for probate. The location of probate will depend upon where your grandparents resided or were domiciled at the times of their deaths.

Please feel free to contact my office if you have additional questions. I am licensed in both New Hampshire and Massachusetts.

Re: will and probate

If your grandfather or grandmother had an attorney, that would be the best way to start. You should contact a probate attorney as soon as possible. Your uncle absent a Will or other authority has no right to remove anything from the home of your grandparents. A Petition for Probate needs to be filed with the court and an executor needs to be appointed. If your grandparents owned the home, you will need to go through a valuation and get the Executor will need to do a complete inventory.

I would suggest someone contact an attorney to handle the estate as soon as possible.