Legal Question in Wills and Trusts in Massachusetts

Re: Appropriateness of lawyer's advice

Is is proper for lawyer to require an heir to sign a form entitled ''Release of all demandes and assent to account'' before distributing part of an inheritance?

* No. Why is only part being distributed at this time?

Is it proper for lawyer to have control over the funds in the estate, e.g. he is writing and signing all checks for the money that is distributed?

* There's nothing improper about that. However, it isn't often necessary.

Is it legal in Mass. for co-executrixes to be paid a fee if 1) there is no mention of such in will and 2) no judge was consulted?

* The fee will have to be approved by a judge. It should not be a large fee. It will probably cover the lawyer's fees and nothing extra for the executrices if they are also named beneficiaries under the will, but it's also possible that they'll try to get more. You can and perhaps should object if they do that.

Is it appropriate for lawyer to inform me that if I want an audit of the estate and disbursement of monies, I will have to travel to Mass. and look through all records myself? I feel that this is part of the executrixes duties.

* No, that's poor behavior on his part. You can demand an accounting formally and you ought to get to be able to get that. I can do that for you. Once the accounting is filed in the docket, I can get them from the courthouse from you, but not necessarily when you need them.

Finally;

If an heir in another state dies before disbursement of inheritance, is it correct for lawyer in Mass. to require deceased heir's will probated in Mass also as well as death certificate be validated in Mass. before inheritance is disbursed to heir's heirs. The original will clearly stiupulated that is such event, the heir's heirs would receive inheritance.

* It's not IMPROPER. It's very formal, good for protecting the lawyer and executrices from personal liability for paying the wrong persons. It's also a good way to run up the lawyer's fees if everyone involved knows perfectly well that there was a death, that the heir's will was accepted for probate in the foreign state, and that the heirs of the heir are who you know them to be. (*DO NOT QUOTE ME ON THAT STATEMENT, please.*) But it could also depend on the judge and his preferences. What county is this in?