Legal Question in Wills and Trusts in Massachusetts

Were the CDs and investments in joint accounts with your uncle or were they solely in your aunt's name? If the former, then it's his money. If the latter, then your mother definitely has rights. The disposition of all of those funds will need to be accounted for when the probate winds up.

You and your mother need to sit down with an experienced probate attorney and review all the information. It's possible that a letter from an attorney may put an end to the monkey business. If not, then you can discuss how to go about removing your uncle as the executor of the estate.

I'm sorry to hear that you have lost your aunt.

One important thing to keep in mind is that the Will can only dispose of probate property, or property that the deceased owned in his or her sole name prior to death. In the event that the deceased had certain "payable on death", "designated beneficiaries" or "joint" accounts, funds may be paid directly to the surviving owner.

If your mother is concerned, she should really sit down with an attorney. If you are your mother's power of attorney, you can retain an attorney and look out for her interests here. If you are NOT her power of attorney, and she is beginning to lose capacity, please contact our office immediately to make sure that she has done some estate planning to prepare for the eventuality of incapacity or death.

I wish you all the best.

Both Ms. Golden and Mr. Vaughn-Martel are correct in their comments. Let me make it a little clearer on one point, your uncle's right to fees and reimbursement for expenses. He is entitled to reasonable compensation and that needs to be approved by the court. Moreover, his expenses need to reasonable. He is not entitled to keep what he wants or spend what he wants. He has a fiduciary duty to handle the estate for the benefit of all its heirs.

If you need assistance for your mother and she is not able to handle her own affairs, I would suggest you contact an attorney to prepare a Durable Power of Attorney with immediate effect and then proceed to represent your mother's interest in the estate.

Please feel free to contact me if you have additional questions.