Waltham, MA asked in Probate for Massachusetts

Q: Grandfather passed last year. No will has been filed in probate.

My parent has not been able to see the will of her father. He passed away over a year ago. Grandfather told me I have an inheritance as does my parent (his child). Now that he has passed, I am worried his other children, or his living widow; have taken our portion of the inheritance. We contacted probate court and have been told the will has never been filed. What are the next steps? Also, how do we find out if we have trust(s)? Any information is greatly appreciated.

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1 Lawyer Answer

A: Was grandfather a Massachusetts resident at his death? Assuming so, and that he died intestate, the widow ( sounds like she is not your mother's mother) and your Mom and your Mom's siblings are heirs. There is a process to pursue to commence an intestate estate and since it seems that there is not a consensus on who should be the Personal Representative, likely a Formal Probate Petition and process is needed.

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