Legal Question in Wills and Trusts in Massachusetts

Married uncle-no children

Uncle died recently. I'm his only relative. His wife's nephew and niece stepped in when he became ill and they had him switch attys, got POA and nephew is Executor of his will. Aunt has dementia. The nephew is taking her to live w/his family, selling the house my G-father built and has given me no info on Uncle's will. (I am disabled so couldn't help much in their care.)

Do I need to ask to see his will or do I have no right? If I'm in the will, will I hear about it without asking them about it? What if his will was changed since they got him a new attorney?

Any advice?


Asked on 4/25/07, 5:45 pm

2 Answers from Attorneys

Nicole Reeves Lavallee Reeves Lavallee, P.C.

Re: Married uncle-no children

Yes you are entitled to see a copy of the will. Ask them and if they refuse you can file paperwork with the probate court in the county in which he lived. You can seek to be the administrator or executor of the estate if no one else has filed. If someone else filed then you can see what they filed and what they are requesting the court to do. You should be notified by the niece or nephew about their intentions but to be on the safe side I would still go to the court and check the file. The file would be under your Uncle's name.

If you have any questions please contact me.

Nicole

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Answered on 4/25/07, 5:58 pm
Alexandra Golden Golden Law Center

Re: Married uncle-no children

You certainly have the right to know if you can expect an inheritance, but do a little investigation first before you do. Then ask nicely for information, and if you feel stonewalled, consult an attorney -- especially if you reasonably believe there is undue influence.

First, has the Will been filed at the Probate Court? You can call the Court for the county in which your uncle lived and find out. If it's there, you have every right to look at it.

Second, it is entirely possible that the house and other assets may have been jointly owned by your uncle and his wife, and so passed to her outside of the Will. You can go to the Registry of Deeds and research the title history to the house.

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Answered on 4/25/07, 6:02 pm


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