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Mark Driver

How to find out about a Will

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I recently lost a family member, and I know he left a will and a trust in which myself and siblings are named.

Even asking about it caused a huge (defensive) reaction from the person we think is the executor, and I was told "you'll find out when I'm good and ready for you to find out."

 

ohh-kay then...My question is this:

In Massachusetts, is there a requirement of the executor to notify any and all people whom they reasonably believe are named beneficiaries?

If there IS a requirement, are they required to notify within 'X' time frame?

 

Thank you

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7 minutes ago, Mark Driver said:

In Massachusetts, is there a requirement of the executor to notify any and all people whom they reasonably believe are named beneficiaries?

 

My guess is yes.

 

8 minutes ago, Mark Driver said:

If there IS a requirement, are they required to notify within 'X' time frame?

 

My guess is yes.

 

But you can quote the trust code and the probate code (beneficiaries have rights under both) until the cows come home and it won't get that person moving any faster if he doesn't want to.

 

You are going to have to go to court to get things moving.

 

You start by opening probate under intestacy, getting appointed as representative of the estate, and moving forward to take charge of the assets of the deceased. You'll need to hire a lawyer for that.

 

Is the deceased your parent?

 

Is your "adversary" a step parent?

 

 

 

 

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2 hours ago, Mark Driver said:

I recently lost a family member, and I know he left a will and a trust in which myself and siblings are named.

 

How is it that you purport to "know" this?  What was this person's relationship to you, and what other immediate family members also survived the deceased (e.g., spouse, children, parents)?  How recently did this person die?

 

 

2 hours ago, Mark Driver said:

Even asking about it caused a huge (defensive) reaction from the person we think is the executor, and I was told "you'll find out when I'm good and ready for you to find out."

 

And who exactly is this person?  Note, by the way, that, unless probate has been filed, there is no executor.  There's a big difference between being nominated in a will to serve as executor and actually being appointed.  There may, however, be a trustee of a trust since trusts are generally not court-supervised.

 

 

2 hours ago, Mark Driver said:

In Massachusetts, is there a requirement of the executor to notify any and all people whom they reasonably believe are named beneficiaries?



If there IS a requirement, are they required to notify within 'X' time frame?

 

Yes.  In fact, such notification should be given before any executor is appointed (i.e., a person seeking to open probate and be appointed as executor should give notice to any heirs at law and persons named in the will).  A trustee of a trust should also give notice to beneficiaries, but the timing may depend on a number of factors.

 

 

2 hours ago, adjusterjack said:

You may have to go to court to get things moving.

 

ftfy

 

 

2 hours ago, adjusterjack said:

You start by opening probate under intestacy, getting appointed as representative of the estate, and moving forward to take charge of the assets of the deceased. You'll need to hire a lawyer for that.

 

While this is one possible option, it's not the only option, and I agree that consultation with an attorney should be made to determine an appropriate course of action.

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Just be patient and you will be notified by mail in due time.  You should give the potential executor and/or trustee time to manage the affairs (gather assets, file necessary forms, etc.) and also give that person time to grieve the recent loss of the decedent.

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