San Francisco, CA asked in Probate for Massachusetts

Q: If a family member is a will's executor, how soon do they have to execute it? It's been 7 yrs. Do I have any recourse?

The executor is sitting on (holding) all the non-monetary assets of the will, even actively preventing access to the inherited home and property by holding all of the keys. She is also the primary heir.

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

A: Is this decedent a Massachusetts resident? If so and the Will has not been probated, then those who have priority on the intestacy ladder as the presumption is now that there is no Will unless somehow there is a photocopy of the executed Will which since the named Executor ( Personal Representative) has failed entirely in their charge ( which was to act to probate same or produce to others to do so in 30 days from death )under same can be probated by priority persons in a Formal Probate of Will Petition to establish the copy as the last Will.

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