Legal Question in Wills and Trusts in Massachusetts
can I take any action??
My mom passed away in November of 2006 . My sister-in-law is the executor of the estate . Myself , my brother , and my daughter are the only ones named in the will . In more than 2 years we have recieved no progress reports of any kind unless we ask directly and then we are told things that turn out to be less than the truth later . Mom's home and a campground property are the only things to be dispersed . But as of this writting they have not even been put on the market and in the mean time property taxes are being paid every year and the economy is dropping the property value daily . In my latest e-mail inquiry I was told that they just repklaced the furnace which was news to me . I have a feeling they are dragging their heels on this to purposly make my proceeds from the estate as low as possible although I have no proof of this . Do I have any course of action ?? I have recently become unemployed and could really use the financial boost the estate would bring my way .
3 Answers from Attorneys
Re: can I take any action??
The situation you describe is--quite unfortunately--not uncommon. I would suggest that you get an attorney to represent you. That attorney can be aggressive in making sure that an account and inventory are filed with the Probate Court, and can use the threat of a petition to remove your sister-in-law as executor as leverage to get things moving. Unless there is outstanding litigation of some kind, I see no reason why the estate should not be wrapped up expeditiously (unless, of course, you object to the account, in which event you have a whole separate set of rights). For more information, please visit my web site at www.lawfang.com and read my blog on litigation involving trusts and estates.
Re: can I take any action??
You could retain a Massachusetts attorney to demand production of an estate inventory and annual accountings under the shadow of a petition to replace the executor for inaction. Good Luck!
Re: can I take any action??
I strongly suggest you retain an attorney in MA to force movement in the administration of the estate. You can even seek to have her removed as Executrix if she is as uncooperative as you describe.
Please feel free to contact me if you have more questions.
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