How do i find a deed that has been changed to a quick claim deed and put into a special needs trust?

Asked over 1 year ago - Waltham, MA

A will was made in 1999. Since then I believe another will has replaced this one. How do i find out if in fact another will has been made if it has not been filed in probate court?

Attorney answers (3)

  1. Scott D Rosenberg

    Contributor Level 15

    8

    Lawyers agree

    Answered . There's no legal or administrative way to find out when someone has executed a will until the person has passed away and the will is being submitted to probate. You just need to ask the person, or if the person is deceased, ask the family and try and hunt it down. There's a procedure to open a safe deposit box on suspicion that it contains a will, but that's it.

    Attorney Rosenberg is admitted to practice in Connecticut and Massachusetts, and currently practices in South-... more
  2. Charles Adam Shultz

    Contributor Level 19

    6

    Lawyers agree

    Answered . You have two entirely separate questions. On the will, they are not filed and not public while the person who executed the will is living.

    Deeds are differemt$ they are recorded$ you can check the county recorder.

    If you have other facts, please supplement.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  3. James P. Frederick

    Contributor Level 20

    6

    Lawyers agree

    Answered . I agree with each of my colleagues. You cannot find out about a Will unless the testator has died. If this has happened, and a Will was filed, the probate court would have a record of it. Whether or not the Will is relevant depends on the title of the real estate. That, you can check through the register of deeds office. If a deed was filed prior to the testator's death, then the Will does not affect the title to the property. A Will deals only with assets titled in the decedent's name alone. Assets placed in a trust are beyond the reach of a Will.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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