Legal Question in Wills and Trusts in Massachusetts
administratrix rights and duties
Motherof estate died without a will.
Four adult children remain, but only
one who already lives in that home.
If the other three appoint that one
as administratrix of that estate, do
they, in effect, sign away their voices
in the running of the estate? For
example, could the administratix sell
the home if the others didn't want
to?
2 Answers from Attorneys
Re: administratrix rights and duties
Any of the children can force the sale of the home and appear in the probate. Who is appointed administrator (administratrix if it is a woman) handles the administration and distribution chores of the estate.
Re: administratrix rights and duties
No. An administratrix is appointed by the Court, not the other heirs, upon a petition for probate which is filed in the probate court. While the other siblings may assent to the appointment of a single administratrix, the person appointed must give notice to all interested and file detailed accountings to which all have a right to object and request court hearings unless they have signed a general assent stating they do not require notice of future proceedings. Even then, the administratrix is responsible to divide the assets of the estate, after expenses, among the heirs in accordance with the laws of intestate (without a will) succession.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
