Mrs. P. Confused?

[BANFANJO1]

undefinedundefinedWhat is the name of your state?

Massachusetts My uncle passed away in MA in Feb. 2005.

He made a will in July, 1995, and took it home with him. His lawyer stated that fact. Upon his death, that signed original will could not be found and is still missing. He was 95 years of age and his wife predeceased him in 1999. They had no children. What happens now ?

His estate is considerably large.

 

[anteater]

undefinedundefinedWhat is the name of your state?

Massachusetts My uncle passed away in MA in Feb. 2005.

He made a will in July, 1995, and took it home with him. His lawyer stated that fact. Upon his death, that signed original will could not be found and is still missing. He was 95 years of age and his wife predeceased him in 1999. They had no children. What happens now ?

His estate is considerably large.

1) One or more persons head to the Probate Court in the county in which uncle was resident to apply to be Administrator of the estate and open probate. Probate Court generally favors the closest, willing-to-serve, living relative and appoints that person as Administrator.

2) Administrator generally retains estate attorney to navigate through the probate process. (Unless the Administrator has a real taste for adventure and a lot of time on their hands.)

3) Administrator gathers the assets of the deceased. Administrator solicits creditor claims against the estate and, if legitimate, pays them.

4) Administrator distributes remaning assets according to the intestate succession laws of Mass.


Of course, #3 is where the real fun is and if only it were as simple as typing the two sentences to describe it.

 

[BlondiePB]

1) One or more persons head to the Probate Court in the county in which uncle was resident to apply to be Administrator of the estate and open probate. Probate Court generally favors the closest, willing-to-serve, living relative and appoints that person as Administrator.

2) Administrator generally retains estate attorney to navigate through the probate process. (Unless the Administrator has a real taste for adventure and a lot of time on their hands.)

3) Administrator gathers the assets of the deceased. Administrator solicits creditor claims against the estate and, if legitimate, pays them.

4) Administrator distributes remaning assets according to the intestate succession laws of Mass.


Of course, #3 is where the real fun is and if only it were as simple as typing the two sentences to describe it.

You mean like the administrator doing a complete inventory and having all necessary appraisals done? And then the administrator finding the deceased's original will somewhere among the belongings.

Large estate = Formal Administration = Must have an attorney.

Then, there's dealing with the squibblings!

 

[BANFANJO1]

Mrs.p Confused

PLAINMassachusets

Apparently my uncle's lawyer has a conformed copy of the will

which we nieces & nephews have received in May---to us it proves nothing about being a valid copy--no signature--no changes made when

spouse or siblings died---the point I WISH TO MAKE IS IF THERE IS A VALID ORIGINAL WILL--PRODUCE IT--OTHERWISE TO ME IT IS INTESTATE ! Oh yes there is a grand niece of my uncles wife who

has legal right & HER HUSBAND WAS ASKED TO BE EXCECETOR(SPELLING) SUPPOSEDLY by my uncle. They filed the conformed copy for probrate before we assented or objected to it. Something is

rotten in Denmark! or MA!

 

[anteater]

PLAINMassachusets

Apparently my uncle's lawyer has a conformed copy of the will

which we nieces & nephews have received in May---to us it proves nothing about being a valid copy--no signature--no changes made when

spouse or siblings died---the point I WISH TO MAKE IS IF THERE IS A VALID ORIGINAL WILL--PRODUCE IT--OTHERWISE TO ME IT IS INTESTATE ! Oh yes there is a grand niece of my uncles wife who

has legal right & HER HUSBAND WAS ASKED TO BE EXCECETOR(SPELLING) SUPPOSEDLY by my uncle. They filed the conformed copy for probrate before we assented or objected to it. Something is

rotten in Denmark! or MA!

Wasn't it Paul Harvey who would use the phrase, "And now..... the rest of the story." (Apologies to Paul about the past tense if you are still alive.)

So, now you get your own attorney and contest the will and object to the appointment of the Executor in Probate Court. Exactly what "legal right" does the grand niece have?


(If they are nieces and nephews and grand whatevers, are they still "squibblings"?)

 

[Dandy Don]

If your uncle has parents who are still surviving (which is most unlikely, due to his age), then they are next in line to inherit.

Next in line to them to inherit are ALL BROTHERS AND SISTERS of this man, and they will all inherit equally. If any of the brothers and sisters are deceased, then that person's share goes to his/her children.

Good news for your parents, huh? If no one has filed at the courthouse to be administrator of this estate, then your parents or any of the other siblings of your uncle should hire an attorney to begin probating this estate.

The suspicious circumstances you mention make it look like someone had access to the uncle's home and probably found the will and is deliberately hiding it or has destroyed it. I was just wondering, who are the beneficiaries named in the conformed copy of the will? Obviously whoever destroyed the will did so because they probably think they might come out better if the estate goes to intestate (or maybe they weren't even aware of that aspect), but I sure hope that the scheming grandniece gets nothing from this estate.

DANDY DON IN OKLAHOMA ([email protected])

 

[BANFANJO1]

Mrs.p Confused

1. Uncle died Feb.28--2005 : wife died in 1999.
2.I sibling alive in Canada. 6 sibblings deceased. 5 of deceased siblings
each left offspring---12 nieces & nephews, all living.
3.Conformed copy of will names 5 of late spousces relatives,incl. grandniece as receiveing 50 % of estate. And 50 % to late uncles 3
sisters who were alive in 1995. 2 of the sisters passed away ,1999,
& 2004 . According to conformed copy--no changes made in will.
Nothing was put in will as to what would happen if all sibblings had passed away before my uncle. We, uncle's nieces & nephews, live in

Canada but we do have a lawyer representing us in MA.

mY OPINION, FOR WHAT IT IS WORTH IS THAT MY UNCLE REVOKED

HIS OWN WILL IN HIS OWN WAY, IN ORDER TO MAKE US WORK HARD TO BENEFIT FROM IT....but there may also be some hanky-

panky involved.

 

[BlondiePB]

1. Uncle died Feb.28--2005 : wife died in 1999.
2.I sibling alive in Canada. 6 sibblings deceased. 5 of deceased siblings
each left offspring---12 nieces & nephews, all living.
3.Conformed copy of will names 5 of late spousces relatives,incl. grandniece as receiveing 50 % of estate. And 50 % to late uncles 3
sisters who were alive in 1995. 2 of the sisters passed away ,1999,
& 2004 . According to conformed copy--no changes made in will.
Nothing was put in will as to what would happen if all sibblings had passed away before my uncle. We, uncle's nieces & nephews, live in

Canada but we do have a lawyer representing us in MA.

mY OPINION, FOR WHAT IT IS WORTH IS THAT MY UNCLE REVOKED

HIS OWN WILL IN HIS OWN WAY, IN ORDER TO MAKE US WORK HARD TO BENEFIT FROM IT....but there may also be some hanky-

panky involved.

You need to let your attorney do his/her job. Also, is there something wrong with your keyboard or did you intentionally type this response this way?

I found it very difficult to read and make sense. Anyone else...or am I just having one of those moments?

 

[BANFANJO1]

From the day in March that we were notified of uncles death,

all comunication from excecutor ?? and administrator (lawyer) ?? since

did not make sense ! We did not know very much about MA laws governing wills, estates, and probate. Most provinces & states are quite different about wills & probate . Our lawyer here said that in this province, no will found--definitely intestate ! & 100% of estate
to bloodline--1 surviving sibling and offspring of deceased siblings.

Definitely we will let our MA lawyer handle it! and yes , I am having

problems with computer & keyboard : this seems a bit better this a.m.

 

[Dandy Don]

So are you saying that your Massachusetts attorney was unable to tell you who the heirs are going to be in this situation?