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Can will be amended by letter in MA?

Submitted by Treat on Wed, 03/30/2011 - 08:13
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My step-father wrote me a letter two years ago and he said that he wanted me to have $12,000 he had in an account at his bank. He told me he would amend his will to say that, but I saw a copy of the will after he died several months ago and their is nothing in there about me. Is it possible that I could go to the probate court with the letter and argue that the letter amended the will? What is the law in Massachusetts about that? Thanks very much.

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Amending a will

Submitted by The Editor on Wed, 03/30/2011 - 08:24.

I'm sorry about your step-father and about the apparent confusion over whether he would leave the money to you.  However, under MA law, the letter cannot amend the will.  Unless your step-father executed a codicil (an amendment) to the will or a new will that revoked the will you saw, I'm afraid you are out of luck.  One thing you may want to look into is whether your step father had an account that he placed your name on.  If the account was a joint account with rights of survivorship, than the money is not a probate asset, meaning it is not disposed of by the will, but belongs to you upon his death.  Good luck.

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