Legal Question in Wills and Trusts in Massachusetts

My father died in march of 2010. My brother is the executor. The will was clearly written and the house was not part of the will - when my father passed - it went into a life estate deed and we are now equal owners. He has paid himself out of the estate money, for repairs he has done of the home without consent from all of the beneficiaries of the estate. It has been six months and he has not settled the estate yet he started the procedure and has already been to court with his attorney (a friend of his - a real estate atty) There was only about 90K liquid assets in the estate itself and after funeral costs and other legitimate costs, there should have been about 50-60K left. I asked when the estate was being settled as everything has been taken care of, but two of the four of us do not get a clear answer of what is going on. Two of us believe the other two are biding time for some reason or another. Can we demand an audit of the estate? If so is this costly or are there any other solutions to resolve this and get it done? Thanks for your time!


Asked on 9/01/10, 2:54 pm

1 Answer from Attorneys
David Summer Law Office of David B. Summer

The executor has a fiduciary duty to all beneficiaries. He is required to prepare an inventory and thereafter an accounting. You may object at the accounting stage and seek reimbursement of any unwarranted expenses. You should contact an attorney if you want to get your portion of the house. A petition to partition must be filed.

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Answered on 9/06/10, 3:24 pm


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