Submitted by MickeyR on Sun, 05/30/2010 - 15:44
My mother passed away a couple of weeks ago and I recently asked her attorney to give me the original will so I could look at it. He refused saying he would deliver it to the probate court. Why can he do that if I am a beneficiary and have a right to see the will? The attorney and I have never got along very well, so maybe that is why he thinks he can do it.
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Editor's Response
You don't say whether you are the named executor under the will. Massachusetts law requires a person who is in possession of a will to deliver it to the probate court or to the named executor (who must then deliver it to the probate court). If you are not the executor, the attorney had no obligation to turn it over to you. Even if you are the executor, he can satisfy his obligations under the law by delivering the will to the probate court. In that case, I'm not sure why he would not want to deliver it to you. For more general information about the process, visit our Massachusetts Estate Planning Law Discussion Forum.