Submitted by PendingExecutor on Sun, 07/26/2009 - 14:39
Does the law require a will be probated in a certain amount of minimum time after a death. What happens if there are two wills one properly executed in 2002 and a second in 2006. The 2006 will was not signed on each page and the signature is misspelled on the final page The maker has been diagnosed with alzthmisers in 2002 and only copies of each can be found. Which will should be probated?
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Editor's Response
Oh boy. First the time issue. Massachusetts General Laws Chapter 191, Section 13 says:
Section 13. A person having custody of a will, other than a register of probate, shall, within thirty days after notice of the death of the testator, deliver such will into the probate court having jurisdiction of the probate thereof, or to the executors named in the will, who shall themselves deliver it into such court within said time; and if a person neglects without reasonable cause so to deliver a will, after being duly cited for that purpose by such court, he may be committed to jail by warrant of the court until he delivers it as above provided, and shall be liable to a person who is aggrieved for the damage sustained by him by reason of such neglect.
If both wills were in my possession, I would deliver both to the named executor(s) or to the court. Presumably, the will executed in 2006 will be recognized unless it is challenged by an interested party. This brings us to the second issue: whether there was undue influence or lack of capacity in the execution of the 2006 will. That is an issue which must be raised by an interested party and decided in court.