Submitted by BrittM on Mon, 02/01/2010 - 09:38
I have two cousins and we are all nephews of a great uncle that passed away 6 weeks ago. I know the uncle had a will because he told me did and that he gave it to my cousin, "Jim." He also told me he was planning to leave me some property. But Jim wont talk to me about it and so far has done nothing with the will. So what can I do to find out if there's a will and to get Jim to give me a copy? Thanks in advance.
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Editor's Response
Under Massachusetts General Laws Chapter 191, Section 13, if your cousin is in possession of the original Will he is obligated to deliver the Will to either the Probate Court, or to the named executor (who is then obligated to deliver the Will to the Probate Court). Section 14 of Chapter 191 contains a procedure by which the Probate Court will require the delivery of the Will:
Section 14. If a person claiming to be interested in the estate of a person deceased makes complaint on oath to a probate court against any one suspected of retaining, concealing, or conspiring with others to retain or conceal, a will or testamentary instrument of the deceased, the court may cite the suspected person to appear before it and be examined on oath upon the matter of the complaint. Upon such examination all interrogatories and answers shall be in writing, signed by the person examined, and shall be filed in the court. If the person cited refuses to appear and to answer such interrogatories as are lawfully propounded to him, or to obey any lawful order of the court, he may be committed to jail by warrant of the court until he submits to its order. The court may award costs to be paid by either party, and may issue execution therefor.
So if there is a will, you should be able to find it and get it to the probate court. For more information or to post a question, visit our Massachusetts Estate Planning Discussion Forum.