Wording in Will

[Debt]

What is the name of your state? MA

Hello, I wondered if anyone could translate for me the following language in my grandmother's will.

" The interest, if any, legatee or Beneficiary hereunder either as to income or principal, shall not be anticipated, alienated or in any other manner assigned or pleged or promised by such beneficiciary, and shall not be reached by or be subject to any legal, equitable or other process, including any bankruptcy proceeding, or be subject to the interference or control of creditors or others in any way or manner"


"I request that so far as permitted, by law, no guardian ad litem shall be appointed to represent any persons having any interest in my estate, whether or not ascertained in connection with the allowance of any account of my Executor/Executrixor any Administrator with this Will annexed."

Any with interpreting this would be greatly appreciated.

Thanks.

 

[Dandy Don]

Did you leave out any words in the phrase " The interest, if any, legatee"?--this phrase doesn't make sense.

Is this will currently being probated in the court or is it not being probated yet?

Are you a beneficiary?
Are you named as executor--if not, then who is executor and is that person related to your grandmother?

 

[Debt]

I didn't leave any words out of the statement. The will was probated some time ago and my Uncle is the executor. I'm purchasing a property from him as the Executor and was just investigating the will to that regard.

 

[Dandy Don]

Is there a typo--it seems like the correct wording should be "interest, OF any, legatee" instead of "if any".

This wording has no direct relation to your concerns about the property.

"The interest" statement only refers to a financial interest having to do with income or principal from a financial asset.

Guardian ad litem is a volunteer interested party or adult or attorney who would be assigned to represent the estate interests of any CHILD as far as the will is concerned.

 

[hexeliebe]

"I request that so far as permitted, by law, no guardian ad litem shall be appointed to represent any persons having any interest in my estate, whether or not ascertained in connection with the allowance of any account of my Executor/Executrixor any Administrator with this Will annexed."

And by the way, this passage in the will is probably going to be found null and void as against public policy. A contract, will or other document cannot take away rights conferred by statute so this passage is irrelevant.

In every state that I've studied, a Guardian ad Litem is REQUIRED for a minor in probate where the need for representation is evident.