Legal Question in Wills and Trusts in Massachusetts
Administrator Not Following Court Order
Brother is Administrator of Mother's estate. She died 9/1999, no will. Pre-trial was 12/1. Judge ordered him to pay the heirs their settlement proceeds by 3/1. On 3/3, his lawyer mailed out letters. They sent Treasurers Checks made payable to, and endorsed by, the Administrator. Our banks will not cash the checks. He was also ordered to include a statement releasing the heirs from any further asset claims and fees. Have not receive statement.
We contacted his lawyer. He said he told his client to get certified checks made payable to each heir, but his client brought Treasurers checks. He felt there should be no problem cashing them and he hung up. He avoided questions about the release statement. We filed contempt charges.
1) Should we send the checks back to the lawyer or to the court?
2) Will we be required to appear in court for the contempt charges?
1 Answer from Attorneys
Re: Administrator Not Following Court Order
Keep the checks for now. You will need them as evidence at the contempt hearing. You will definitely need to attend, if only to testify to the fact that the checks will not be honored by the banks and that you have never received your releases. You might also consider having your attorney issue subpoenas to the representatives of the banks that are refusing to honor the checks that were sent.
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