Do i have any grounds for further action on a probate problem in massachusetts
My mom passed in November of 2005 . My sister -in-law was appointed executrix by the will . First is it proper for someone that has a direct income opportunity to be placed in this position . Second ..my neice and nephew were expresly eliminated from any inheritance in the will , the executrix allowed them to go into the house during the week of the funeral and take things that they wanted . At the time we left Mass to return home to Arizona we were told " I will make this as difficult on you as possible " . It has been 3 years and they just sold the house but still have other property to disolve ... there have been no yearly reports of progress and any time we asked about progress we got breif descriptions of how they were doing what they could but nothing more . What can I do ??
Attorney answers (3)
Leanna Hamill
Reputation Level 9
Answered over 2 years ago.
Probate Attorney in Hingham, MA.
While I cannot specifically advise you without knowing the full situation, in general an Executor under the Will is required to submit an Inventory to the Court within 30 days of being appointed. This is the document which lists all of the property in the estate. In addition, an Executor is required to submit accountings to the Court, showing what has happened to any of the property in the Estate. You can call the Probate Court where the case is filed to see if any of these things have been submitted. If not, ask the Clerk about having the Executor notified that you are requesting the accountings. If your sister in law is working with an attorney, you can send a request to the attorney for that information.
As far as whether it was proper for her to be nominated in the Will - in general a person can nominate whomever the choose to act as their executor.
Daniel T Blake
Reputation Level 10
Answered over 2 years ago.
Probate Attorney in Attleboro, MA.
I agree with the previous answer.
In addition, this estate appears to be getting a bit old. Most estates of average size and complexity have been closed well before the third anniversary of death.
There are likely to be other facts and issues that come up and may modify affect the advice that you will be given by counsel. You should consider setting up an appointment with counsel (in person or by phone) to discuss this matter.
Daniel T. Blake
This communication does not establish an attorney-client relationship, nor may it be taken as legal advice. It is for informational purposes only. You should consider seeking advice specific to your case from counsel who will have time to develop the facts and give legal advice on your situation.
Nicholas G. Xenos
Reputation Level 7
Answered about 2 years ago.
Probate Attorney in Arlington, MA.
As correctly indicated by the previous posters, an executrix is required to file an inventory, as well as annual accountings. The file is a public record, and it is a simple matter to go to the court, view the file, and ascertain whether the executrix is fulfilling her duties.
But the filing requirements are “self-enforcing”, in that an interested party must generally take action to force the executrix to carry out her duties in the event that the executrix is failing to do so. If she is not filing the required documents, and cannot be informally cajoled into doing so, (and her comments regarding making the situation “difficult” indicate this may be the case) then an interested party will need to formally bring a Petition and Order to Render an Inventory or Account with the court. As a practical matter, an attorney would typically be needed to bring this action to the court.
This response is provided for general informational purposes only, and should not be considered to be legal advice.
|
