Submitted by Merlot on Sun, 07/11/2010 - 07:49
My aunt died two months ago and she had some money that she always said she would leave to her two nieces and nephew (me). But her sister (my other aunt) is, I think, the executor of the will and so far she has not done anything with it. I'm wondering if she's just spending the money. So does the will have to go to probate or be "probated" for it to be legal?
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Editor's Response
The will is either valid or not based on a number of issues, including capacity and proper execution. However, before anything can happen with the will or the property it is supposed to distribute, the document must be probated and recognized by the court as a valid will. If your aunt has a copy of the will, Massachusetts law requires her to deliver the will to the probate court. If your aunt was a wealthy woman, you may want to ask a Massachusetts estate planning attorney to look into the matter.