Legal Question in Wills and Trusts in Massachusetts
Accounting to probate and heirs
My mother died end of July 2003. Older brother named executor in will. Papers agreeing to such through his attorney were signed by family members in Jan 2004. He has since fired his attorney and is not talking to family members. At what time must he disburse inheritance and make an accounting to probate court? Is it one year from her death or one year from family signing that he be made executor?
Asked on 5/06/04, 12:34 pm
1 Answer from Attorneys
David Summer
Law Office of David B. Summer
Re: Accounting to probate and heirs
An executor has a fiduciary to preserve the assets and to ensure that they are distributed properly. Your brother's actions are unusual. You should talk to an attorney to explore your options to include asking the Court via motion to appoint an independent executor.
Answered on 5/06/04, 1:46 pm