Legal Question in Disability Law in Massachusetts

collecting gifted money to a phys. disabled

Before parent passed away there was a meeting with their attorney.Now the entrusted is not complying with the deaceased wishes.That family member is unwilling to reveal parent's will, the contents,stipulations,and distribution of shares;the gifted money legally promised is denied access toit unless demands unreasonable and newly enforced are met-not adherring to the letter of the previous agreement. What's the procedure for collecting what is legally mine?


Asked on 7/12/07, 9:01 pm

3 Answers from Attorneys

Maurice LaRiviere, Jr. Law Office of Maurice LaRiviere, Jr.

Re: collecting gifted money to a phys. disabled

Has the will been filed with the probate court?

You should seek counsel to have an order that it be disclosed.

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Answered on 7/13/07, 4:05 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: collecting gifted money to a phys. disabled

I am assuming that the will was probated. If that is the case, you should be able to go to the Probate Court and examine the will. I would do this first.

A few things to be aware of, however. It is possible that your parent's assets were to be distribed according to a trust, and not the will itself. Depending on your age and the nature of your disability, it is also possible that your assets were given to another person to manage on your behalf.

Lastly , it is always possible that your parent changed his or her mind upon meeting with his or her attorney and made changes to his or her estate plan of which you are not aware.

If you would like further assistance in this matter please do not hesitate to contact me.

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Answered on 7/12/07, 10:12 pm
Denise Leydon Harvey Harvey Law Offices

Re: collecting gifted money to a phys. disabled

You need more information from whoever holds the will or trust. Your parents may have set up a trust for you so you could have access to certain funds without jeopardizing any eligibility for government funds. If you are a beneficiary or an heir of the deceased, you are entitled to see the will or any trust document in which you are named.

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

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Answered on 7/16/07, 10:46 am


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