Legal Question in Wills and Trusts in Massachusetts

if a recently deceased person had a dying wish to give certain things from their estate out to certain people and asked you to be the one to do it after they passed on, do you have a legal right to?

here is the situation... A family friend has passed on she asked one of her friends of at-least 40 years plus or minus a bit. (not exactly sure how long they been friends or if that even matters). anyway they tried to respect the deceased persons wishes, even asked one of the inheritors if it was okay to pass out the things that were supposed to go to other people, they said of course you can go right in and take what was mentioned by the deceased. so they went in the house and got everything (still having a key but gave up the key after they got everything that was mentioned to them to pass out) they asked me to help them, i did.

now one of the brothers (wife) (need to make that very clear) because i don't believe she is in the will at all and everything was left to the brothers, has called the person a thief and said that they must return everything that they passed out including things given to me and my family... she also called everyone in the deceased's old contact book telling them that the person who passed things out is a thief.

who is infact in the wrong here and please let me know of anything that can be done because I wish that the deceased wishes be met, as this woman (the wife of a brother) is only seeking as much money and valuables as she can and both the brothers are afraid of her.

any advice or help will be greatly appreciated, and i know it would of made more sense for the deceased to pass out everything before they passed but they were not ready to let go of everything just yet. please help and thanks in advance.


Asked on 4/20/13, 7:54 pm

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

a wish is just that.

What controls is a will or its equivalent.

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Answered on 5/27/13, 11:52 am


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