Legal Question in Wills and Trusts in Massachusetts

Re: Wills, probate?

The durable power of attorney is no longer valid after the person passed away.

There should be an Inventory filed at the Court by the Executor which will list the assets in the estate. Keep in mind that something like a 401k might have a beneficiary listed and therefore would not be listed on the Inventory because it passes directly to the beneficiary. You can contact the Probate Court in the county where the person passed away to find out if they will send you a copy of the Probate file.

You can find the Probate Courts listed here:

http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/

Re: Wills, probate?

I am sorry for the loss of your loved one.

You could request a copy of the Inventory filed by the execotor either from the executor, their attorney or the Probate court wwhere it is filed, usually within 90 days of the Will being submutted for probate. Good Luck!

Re: Wills, probate?

The others are correct. You will need to travel to (or call) the Probate Court in the county where your loved one resided at the time of death.

If the executor has probated the will, it is a public record and open to viewing.

If you would like the assistance of an attorney in obtaining a copy of the file, please do not hesitate to contact my office.

Re: Wills, probate?

A Will and all the documents filed with it are public. If the executor has opened a probate, you can go to the court house where she filed and review the records. In the file should be an "inventory" outlining all the assets that, at the beginning of the probate process, the executor thinks the deceased held. Later on in the process the executor will need to file an "account," which will be a much more detailed listing of assets. If you find that the executor has not opened the probate or has not yet filed the inventory (assuming its deadline has passed), then if she doesn't respond to a communication from you to do so, there are legal mechanisms in place to compel her to tend to these filings.

Good luck.