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Removing items before will is read....

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Debbiegirl13170

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

Hello. Please forgive me, I am brand new here and will no doubt provide too much information :( Please bare with me as I am unsure what info I should include or which is useless. I want to give you the background info so you can better understand the complete situation. Thank you for your help. Here we go.....

My mother has cared for an elderly and disabled man for over 7 years now. During that time she became more than just a typical caregiver whereas she would purchase items for him and his home (curtains, bathrobes, etc), bring him home cooked meals, do his laundry at her home, help him find out services he was entitled to etc and bring his elderly wife over to visit with him as he could not leave the home due to amputation etc.

They became very very good friends over the years. During all of these years no relatives ever bothered with him, never even called let alone visit or see if he was okay. The gentleman, I will call David, had several cats which he loved dearly as they kept him company for much of his life. He had asked my mother to promise him that upon his death she would make sure the cats were cared for. My mother promised.

A few weeks ago David became very ill and was put into the hospital. My mother continued caring for his cats and his home and has visited David in the hospital every single day after work. No one else has been up to visit him.

Sadly, David recently passed away : ( my mother is absolutely heartbroken. She wasnt sure how to handle the burial etc as she is not family, but she knew he was a Vet and so made a few calls to find out about what burial services are available for him etc and went and collected his favorite shirt, jacket, and pants; washed and ironed them for him to be laid out in etc.. and began working on finding care for his 6 cats.

Naturally, as you can imagine, relatives and so-called life long friends are now coming out of the woodwork (most whom lived less than 15 minutes away but never visited or called). All together for living relatives there is the elderly wife who is in a nursing home, a step daughter (he raised her as his own although no blood relation), an elderly mother (in assisted living group home), and 2 ex-wives.

As soon as David passed away they all began raiding the house (he was an avid collector and had many valuable collections of military swords and the such). They changed the locks so mother couldnt get in to retrieve the cats, although eventually she was able to collect all but 2 which they claim someone "let out" and they have become "lost" as they were indoor cats. The "family" had said they hate cats and they would have them all put down because they stink up the house. My mother is heartbroken and feels she did not keep her promise.

Anyhow....That is the background information, here is the issue at hand...

Aside of the house, because it is in his name as well as him mothers name and she is still alive, the Will states that everything is left to my mother....all of his collections etc.. BUT everyone is raiding the house and is taking it all BEFORE the will is even read! My mother is not a blood relative so is being told there is nothing she can do. I am confused because I thought where she was listed in the will to receive all of his worldly possessions she does have some rights?? The "family" has changed all of the locks (mom found this out when she had previously gone over to feed the cats and change their litter boxes etc..)

You are probably wondering how she knows she was left everything if the will hasnt been read yet. A gentleman who was the witness when David changed his will 3 months prior to his death told her. I do not know the legalities etc.. but I have been put under the impression that a person needs to have a witness present when they write up or change a will ??? This gentleman was that witness.

I know this is a loooooong post and I am so sorry. I will learn over time what is important info to list and what is not so im sure my posts will become shorter and shorter over time : ) thanks for your patience and for any help/advice.

God Bless
 


Ohiogal

Queen Bee
Well your mother is not going to get everything. His wife can take her intestate portion of the estate. But if there is a will, probate needs to be opened and the court determines. It has nothing to do with a will "being read".
 

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