My late husband ( dod August 2012) was predeceased by his father in 2011.
The father's will directs an equal split of his assets, and appointed the brother as primary executor.He has deliberately avoided providing an accounting of the estate assets , selling the property, and distributing the proceeds to his late brother's estate. I am a CT resident, as was my husband.
The father, brother, and property are in MA.
Family Law Attorney
What is needed is for the personal representative of your husband's estate to file a petition in the MA probate case of father to compel an accounting and/or remove brother as personal representative for failure to do his job. Retain an attorney in Mass. for this, or your Conn. atty. if he/she licensed in Mass.
To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
Elder Law Attorney
Attorney Callahan is correct. A Massachusetts probate attorney will know the procedure to ask the court to compel an accounting and to request that the court relieve him of his appointment as executor if that appears appropriate. If necessary, the court will have the power to force him to return any assets which may have been wrongfully appropriated from the estate.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.
We have a new probate code in Massachusetts. Assuming your late father-in-law's estate is probated under the new code, there are many protections available to you. You should consult a probate lawyer in the county where he died, and do not delay.
Attorney Mike Tremblay www.attorneytremblay.com 508-485-4500