Legal Question in Wills and Trusts in Massachusetts

wills, trusts

My father passed away almost 7wks ago. Sister1 is/ was guardian and part of the trust with other sister 2; she has a copy of will and had not let anyone have a copy of it not even the other co-trustee. Next tues they are to set up the trust with attorney. No one has seen the will, I found a copy of the trust online and they can be voted out by a majority of vote. Sister 2 health is questionable and inhibits her performance; sister 1 is has server emotional issues and refuses to let anyone in on what is going on. Brother 1 and brother2 would like to have an injunction to stop everything and to ensure everything is done right. Remove sister1 from the trust and rename trustee. I�ve just been informed by sister 1 that a lawyer is looking at this will to determine what goes into probate and trust? But sit refused me a copy of the will! I know this is limited info, but what are our best options?


Asked on 9/25/08, 10:15 pm

3 Answers from Attorneys

Re: wills, trusts

If your father lived in MA you can file a complaint to force the filing of the Will. Once filed you can object to the Sister acting as Executrix of the Will and seek to have someone who is more responsive to your inquiries. However, the Executor is not required nor should they seek all beneficiaries approval of every action they take. The Executor is required to file inventories and accountings.

If you need assistance in MA, please feel free to contact me.

If it is a FL estate you need to contact a FL attorney.

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Answered on 9/26/08, 12:56 am
David Slater David P. Slater, Esq.

Re: wills, trusts

You will be able to compel the filing of the will in the County where the decedent resided at the time of his death.

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Answered on 9/26/08, 6:24 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: wills, trusts

What is your father's residence. Usually you can force a person to file the will by filing a complaint in the probate court. If the jurisdiction of the will is in Mass., contact me; otherwise you will need a Florida attorney.

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Answered on 9/25/08, 10:19 pm


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