Legal Question in Wills and Trusts in Massachusetts

Years Later-Cheated-Now What?

My mother in law and my aunt-in-law died in Melrose,Massachusetts in the mid nineties. My husband never got a copy of any will, just was told by his brother there was no money or anything else. He said everything was gone with nursing home expenses. I find that impossible to believe.Both were frugal teachers,one a spinster. There was a house, which one of my brother in law�s children lived in for a few months, then sold. Is there anyway to find out what really happened? How do we get copies of wills? (We live in NY) Or learn if the women died intestate? They died in 1994 and 1995. Is it too late to do anything? And what can we do? My now 21 year old son recently learned thru a web site that his grandmother had established a small ($2000) account for him. We never were informed. He is willing to fight even if his dad is not. I suspect that the total value of the two estates was well into the six figures. The two brothers always were told that everything was to be divided in half equally. The Massachusetts brother was to be the executor. Now, years later, what can we do? And how expensive will it be?


Asked on 7/04/06, 6:03 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Years Later-Cheated-Now What?

Call the Surrogate's Office in the County where she resided when she died. They can tell you if anything was done like a probate of a Will or an intestacy (dying without a Will) and who was appointed, if anyone, to handle the estate. For a small fee, they can also send you copies of any documents on file with the Court. You need to know approximate dates of death. Depending upon who died first (MIL or aunt) this could get more complicated. You can also contact the Register of Deeds or County Clerk, and get a copy of the Deed also, for a small fee, which may have information that might be helpful. As to the account for your son, he should follow up on the account (you do not say how he learned about it or if it is still available to him, e.g., if this was this an Unclaimed Property site which usually has instructions on how to file a claim). If fraud was involved, you should contact a MA attorney, as there are Statutes of Limitations that may be involved which may have passed or limit your right to correct the situation. More facts are needed. This is a response to an Internet question and the reply is not intended to be legal advice or create an attorney-client relationship.

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Answered on 7/05/06, 10:10 am


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