Legal Question in Wills and Trusts in Massachusetts

Unclaimed property and executor is dead

My grandfather died in 1987 in Massachusetts. His son-in-law, my aunt's husband, was named executor and my grandfather left his property to him and nothing to his remaining children, my mother and my uncle. The executor died 5 years ago. My mother died in 1991. My uncle is the sole surviving child.

I have recently discovered unclaimed property of my grandfather's. In my unprofessional opinion, this property should go to my uncle and NOT to the estate of the original executor.

Massachusetts is requiring an original appointment of executor/admin dated within 120 days but that person has been dead for 5 years. Is there a way to get appointed Administrator now so that we can claim this property?

Any suggestions on how to proceed?

Thanks in advance,

--name removed--Perry


Asked on 2/15/05, 8:05 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Unclaimed property and executor is dead

Hello: Did you post this problem on craigslist legal forum a few days ago? If not, never mind.

This is a question for a Mass. lawyer, not Washington, even if the property/bank accounts are here. Probate is supposed to happen where the decedent lived and or died, not necessarily where he left property. People die leaving property all over the place.

You can start by reviewing your grandfather's probate. It is public record. That will tell you what lawyer/what firm did the original probate.

Mass. is not requiring the appointment of a person who is dead, that's absurd.

My suggestion as to how to proceed: get an estate/probate attorney who practices in Mass.

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Answered on 2/15/05, 8:19 pm


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