Manchester, NH asked in Elder Law and Probate for Massachusetts

Q: Do I have any legal recourse for the filing of a Last Will and Testament for my Dads estate? Please see my explanation?

Hello...My dad in Everett, Ma passed away in October 2014...and buried on the 14th of October. My brother who lived with my dad made no effort to contact any family members. I found out via email from a friend...My brother wouldn't take my call's & refused to speak to our uncle, my dad's only immediate living relative. I have the original Will that states the following Section 1 "I give, devise and bequeath my entire estate evenly between my two sons, Scott W and xxxxx by right of representation. The address in question is 18 Clay Ave Everett, MA 02149 (the original will was done in 2001 and then again in 2007) which I have a copy of what I am allowed to have according to the attorney that drew up the document...

Paragraph 2...I constitute and appoint my son Ken Weldon as Executor of my estate, and if he cannot or will not serve, or shall cease to serve, then I nominate Scott W as Executor. At the time it was 2015. Do I have any legal Recourse on this matter? More details available.

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Probate Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: If father died in 2014 then you would if there are assets over $25,000 involved, need to file a Late Petition to probate the Will and you should do so as soon as possible since you apparently have the original Will. Are you the first named "executor"? If so, you have priority. You should engage counsel as soon as possible particularly if there is real estate involved and potentially other assets over $25,000. If there is no real estate nor interest in real estate nor assets having a value of over $25,000 you should file a Voluntary Statement with the original Will and follow the Voluntary Statement procedure for same as there is not a time limit for Voluntary Statements unlike for Probate Petitions.

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