Legal Question in Wills and Trusts in Massachusetts

Re: will/estate fraud?

Your first steps should be (1) obtain a copy of the will, and (2) review the deed to the house. Both of these are public record. The will should be at the court house of the Probate & Family Court in the county where your uncle lived, and the deed will be on record at the Registry of Deeds serving the county where the house was located. Most counties allow you to view deeds online from your home. For the will, you will need to call the court house and ask how to go about obtaining a copy. Finding these documents will allow you to know if your mother was in fact entitled to anything.

If she was entitled to an inheritance, then you will face some practical problems. One is that the statute of limitations may have run on claiming fraud or undue influence. The other is the fact that the girlfriend and the daughter are both deceased, and it's quite likely that at this point any money they had cannot be traced or is gone. Point being - even where you technically have a valid claim, sometimes it is simply not practical to pursue it.

There are more direct ways to help your mother with her current financial situation. The City of Boston has some great homeowner loan programs, and the local Elder Services can help you with health insurance and health care. Also, if your mother was married to a veteran, she may be able to tap into some financial and health assistance from the Veterans Administration.

Good luck.

Re: will/estate fraud?

If there was a Will and it was probated it would be filed in the Probate Court where your uncle lived and the deed would be recorded in the Registry of Deeds for the same County. Both would be public records from which an attorney could advise whether there was any interest your Mother should have received and whether her rights to a claim are barred by the Statute of Limitations or can still be pursued if a true fraud was perpetrated. Good Luck!