What to do if my father died 15 months ago and his Will/Trust has yet to be settled?

UPDATED: Feb 1, 2014

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What to do if my father died 15 months ago and his Will/Trust has yet to be settled?

The executrix or trustee has given no information about the contents, where the Will is or if it is even a Trust or Will. There is nothing complicated about my father’s holdings. When asking about the settlement (over the 2 years),I was told “soon”. How long should it take for this to settle and is the proper handling of my fathers estate?

Asked on February 1, 2014 under Estate Planning, Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Based upon what you have written about I suggest that you consult with a Wills and trust attorney in your locality about the possibility of filing an intestacy action as to your late father under the belief that he died without a Will or trust in place. In such an action his heirs per code get his assets. This will force the alleged executor or tristee to provide you with the documents you seek assuming they exist.

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