Legal Question in Family Law in Massachusetts

Re: family will

You should be appraised of what the attorney and other co-executor are doing. I would ask the attorney why they have not discussed any issues with you and ask for copies of all documents the attorney has drafted. Also make sure the attorney knows you want to be informed of everything. Often attorneys assume that when they talk with one co-executor that the co-executor is conveying the information to the other.

You need to find out if this is the case or if the attorney is not meeting his fiduciary obligation.

If you have any questions please contact me.

Re: family will

Sometimes these things happen when there is a lack of clear communication between the co-executors and the attoney. Rather than assuming that there is anything sinister happening, it might be a good idea for you to sit down with the co-exeuctor and the attorney to clear up any communication issues.

You are an equal participant in the process and should be treated as such. Occasionally a statment is made by one co-exeuctor that "I'll keep the other guy" advised. The attorney belives that both of you are then working in that fashion.

If you can't get it cleared up to your satisfaction through the above steps, then perhaps you should consult with your own attorney. You should have received copies of everything related to estate administration as the matter moves through the court process.

Lawyer's responsibility

An attorney is professionally responsible to keep the co-executors apprised of what is happening. A failure to do so tells you something: either nothing is being done, or the connection between you and the the attorney has either sourced or is none-existent.

I think the co-executor should have asked if you had been informed of the meeting. I think if this is an issue that requires the attention of one executor, it probably requires the other's attention as well.

YOu have an absolute right to demand an accounting from the attorney about what is being done, the amount of time spent, what needs to be done, and copies of all documents and correspondence that have been received and sent by the attorney.

You also have a right to some of the above as the situation unfolds.

If you need assistance or have other questions contact me.