Legal Question in Wills and Trusts in Massachusetts

I am a beneficiary that is named in a Will. Do I have the right to a copy of said Will

Asked on 6/05/12, 11:14 am

3 Answers from Attorneys

Alan Fanger Alan S. Fanger, Esq.

Anyone in possession of a will in Mass. is required to file it within 30 days of the date of death. I have always maintained that after that 30-day period, if a will has not been filed, you have the right to review the will if you know someone who has possession of it.

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Answered on 6/05/12, 11:35 am

Alan Pransky Law Office of Alan J. Pransky

Yes you have a right to a copy of the will. I don't know why you don't have a copy. However, once the will is filed in Court it is a public document. You can go the Probate Court where it was filed and get a copy. You will have to pay for the copies but you can view and copy the document that was filed. The reason that you have not seen the will could be that the person who has the will doesn't intend to file it. If the person does't intend to file the will, you can wait thirty days and file a petition to compel the filing of the will.

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Answered on 6/05/12, 11:36 am

Yes, you have a right to see the Will. If you cannot get one from the Personal Representative (Executor/Executrix) go to the Probate Court for the county where the deceased was resident and ask to see the Probate File and make a copy of the Will.

If the Will has not been filed within 30 days of the date of death, then you can file a Petition requiring the Will to be filed.

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Answered on 6/05/12, 11:54 am

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