Legal Question in Wills and Trusts in Massachusetts

Re: wishes in a will

You don't need the will to get the insurance, but you do need the death certificate, the necessary forms from the insurance company, and the taxpayer information about the beneficiaries which those forms will require. You can take care of it yourself, but you may find it simpler to let the lawyer do the work for you. If you are the nominated executor of the estate, you are under no obligation to use your mother's attorney -- however, unless the estate is very simple (like an insurance policy and a bank account or two), an experienced probate attorney will help you make sure that your mother's estate is properly managed.

I do not understand what you mean by "do her wishes have to be met in a will." If you mean "do the directions given in her will about who gets what property need to be followed," then the answer is almost always yes. There are important laws that need to be followed if a person named in a will previously passed away, and other issues which need to be considered if a named heir is a child, under guardianship, or receiving Medicaid or other public benefits. An experienced probate attorney will advise you about the best way to address these issues.

Please feel free to contact me if I can be of assistance.

Re: wishes in a will

First, please accept my condolences on your loss of your Mother.

If her attorney has been retained to probate her estate, he should be able, on request, to send you a copy of the will and her death certificate. Both may also be viewed and copied from the probate court file. The certified copy of her death certificate may also be obtained from the funeral director or from the Town Clerk of the Town in which your Mother last resided and is all you need to make a claim for her insurance if you are a beneficiary.

Her wishes in her will generally must be followed, wherever possible, by the executor, who is free to hire any attorney they choose to probate the will. If, you are not the executor named in the will and are seriously concerned that the will is not being followed, you may hire your own attorney to petition to court to see that it is followed. Good Luck!

Re: wishes in a will

You only need a certified copy of the Death Certificate which you can get from the Town where your mother last resided or ask the funeral home to get some for you, the usually do this automatically.

The Attorney should provide you with at least a copy of the Will if he is probating the Will and you are the executor.

If you need further assistance, please feel free to call me.