Legal Question in Wills and Trusts in Massachusetts
Abuse of Executor Duties
Is it legal for one sibling who has been appointed Executor of an estate to spend beyond the amount of the estate and then to try and collect the difference from the remaining siblings? My brother, with no consult from the three remaining siblings, planned & purchased all funeral, floral, and reception arrangements well in excess of what my mother's life insurance covered. He has now sent me a bill for 1/4 of the remaining amount. Do I have to pay it? Also if it is legal for him to do that, can he take me to Small Claims Court in Arizona (where he lives), when I live in Vermont and my parent's estate-or home base-was in Massachusetts? Thanks in advance for your response!
1 Answer from Attorneys
Re: Abuse of Executor Duties
With respect of MA law, a beneficiary under a Will has no obligation to pay the debts of the estate. The cost of the funeral expenses can be charged to the estate and its assets.
I have assumed your mother left no other assets to anyone under the Will or a Trust, other than the assets you have referred to in your question.
If there are other assets there may be a claim against them for contribution.
Good Luck.
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