Legal Question in Wills and Trusts in Massachusetts

Do I have to wait until a parnets will is excuted in order to contest it?

Do I have a right to see a copy of mother will even though Im not the person placed in charge?

Asked on 8/21/09, 3:54 pm

3 Answers from Attorneys

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

You never have a right to see the will until it is probated, unless you are an executor, and then only after the person dies.

Once the will is filed in Probate Court, it is a public record.

YOurs is indeed an odd question.

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Answered on 8/26/09, 4:03 pm

You have no right to see a parents will at all until they die and it is placed in Probate. If you are concerned about undue influence and fraudulent transactions against your mother and her estate, there are other actions you may need to take.

General rule is that anyone's Will is a matter of their own concern and is not subject to review of anyone other than the maker of the Will and his or her attorney.

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Answered on 8/26/09, 4:04 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Until it is executed, your parents do not have a valid will. You do not have the right to see a person's will ever, until they pass away and the will is probated and becomes public record. If someone in possession of a deceased person's will has not produced it to be probated within 30 days of death, and you are an interested party, you may bring a motion to compel production of the will.

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Answered on 8/26/09, 4:07 pm

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