Submitted by Anonymous on Wed, 09/30/2009 - 09:39
I guess I'll never be able to prove it but I'm sure one of my brothers who never got along with my mother threw out her last will. My mother always said she left nothing to him, but I never saw the thing. So is it illegal in MA to destroy or hide a will? We can't find her will anywhere but we think she made one. Thanks.
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Editor's Response
Sorry to hear that. I assume you have checked with your mother's attorney and with any bank where she may have had a safe deposit box. If you are not sure which bank or attorney she may have used, look through her correspondence and bills for letters or bills from the attorney or the bank.
In any case, it is definitely illegal to destroy or hide a will. See Massachusetts General Laws Chapter 266: Section 39:
Section 39. Whoever steals or for any fraudulent purpose destroys, mutilates or conceals a will, codicil or other testamentary instrument shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not more than two years. An indictment for a violation of this section need not contain any allegation of value or ownership; and in the trial of such an indictment, no disclosure made by any person under section fourteen of chapter one hundred and ninety-one shall be used in evidence against him.