Legal Question in Wills and Trusts in Massachusetts
Administrator in contempt of court
The administrator of my Mother's estate, our brother, was ordered at trial to pay the heirs by March 1st for a real estate sale to himself. It is now 3 days past the deadline and there has been no money received. There was one message left at a sister's home yesterday by the administrator's lawyer stating that he is aware they are late of deadline, and that his client had three treasury checks made out to himself and was going to ''sign them over'' to the heirs. This lawyer also wants me to get Mom's past 5 years of income taxes prepared, because it would make things easier for his client. What can we do? This as been a 3+ year struggle with this lawyer and administrator claiming false assets, trying to get the estate for $10, hiding assets, lying in court... there is so much deception by them to the courts and heirs. Are treasury checks made out to the administrator normal?
2 Answers from Attorneys
Re: Administrator in contempt of court
If the administrator has not paid you yet, you can bring a complaint for contempt in the court that issued the order.
If you were represented by counsel at the trial, the easiest thing to do is to call that laywer and explain the situation.
If you are not represented by counsel, the most prudent thing to do would be to meet with an attorney who will be able to help you reach the most satisfactory resolution.
Re: Administrator in contempt of court
If the person administrating this estate has done all that you say, he has no business in a fiduciary role. The "treasury check" thing sounds like a con to me. I recommend that you get your attorney on the telephone first thing Monday and discuss filing a Motion to Show Cause for this person's failure to obey the Court's order. You might also wish to discuss the option to asking the Court to remove this person and appoint a new personal representative.
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