Legal Question in Wills and Trusts in Massachusetts

Re: Last will and testament

I'm sorry for your loss. It sounds as if you and your employer were quite close.

As the other attorneys have indicated, you may get a copy of the will from the Probate Court, but you may also request a copy from the attorney handling the estate. She may not have responded to your request about the gift because she may be trying to determine what your inheritance is. If it is a percentage of your employer's estate, the value of the estate has to be determined. If it is a specific dollar amount, the executor has to determine if it can be paid and if so if it can be paid in full, and when.

If any relatives were to object to the will or challenge your inheritance, they would have to file an objection in court and you would need to be notified. If an executor has been appointed, the will most likely has been allowed. You may contact the executor or his/her attorney to find out the status.

Please let me know if I can assist you in any way.

Good luck -

Re: Last will and testament

The will should be filed with the Probate Court in the County where the person lived. You can go to the Court to get a copy of the will. As an heir, you are entitled to receive certain notices which it sounds like the attorney may have sent you.

A distribution can take up to a year to receive, since creditors against the estate have a year to come forward and there may be bills that need to be paid out of the estate funds.

Re: Last will and testament

Thanks for your question. Although the attorney should have responded to your inquiry, there is a way to get an answer to your question. To confirm that you have been named a "legatee" under the will, you need only know where the person was "domiciled" (had their permanent residence) as of their death. You would then go to the "Registry of Probate" in the county in which the person was domiciled, look the file number for the estate, and the will should be in the file (under MA law the will must be filed within 30 days of the date of death). Your late employer's heirs (spouse, children) have the right to challenge any aspect of the will. This is not to say there will be such a challenge, but you should know what possibly lies ahead. Feel free to review my blog on estate and trust litigation, at www.lawfang.com.

Re: Last will and testament

Disposition of the assets of an estate cannot be done until all claims are satisfied and there is a one year term for filing claims.

However, once an Executor has determined the extent of the claims and feels there are sufficient assets to cover existing claims they can make distributions.

If you want to get a copy of the Will you can go the Probate Court for the county where your boss died and see if the estate has been opened and get a copy of the Will.