Legal Question in Wills and Trusts in Massachusetts

It is possible that the hospital will only release it to the named executor in the will. Without more information, it is impossible to understand the nature of the dispute here. Sometimes you just need a lawyer. Feel free to contact me today at 617-357-4898.

Anyone in possession of a will has 30 days after death to file the document with the Probate Court. A letter from your lawyer to the director of the facility (copy to the facility's lawyer) citing the law may do the trick. If that doesn't work, the Probate Court can issue an order to direct the filing.

Hire an attorney to help you here -- clearly, the facility isn't going to take your word for anything.

If they continue to refuse, go to the court and request an order from the court compelling them to turn the will over to the executor, or the court directly.

If you have not opened the Probate matter, then do so as an Administration of the Estate and then seek an order compelling the Nursing Home to give you the Will.

If you have opened the Estate, then request a Court Order compelling the Nursing Home to deposit the Will with the Court wihin a specific time period and have it served on the Nursing Home by the Sheriff's office.

I would recommend you seek at least some temporary assistance from an attorney if you have not done so already.