Legal Question in Wills and Trusts in Massachusetts
authority of a executer
I'm the excecuter of my fathers estate, that was probated 11 years ago. My fathers will gave me the authority to sell all assets at fair market value and to divide the money equally. Can orther members of the estate stop me ?from doing so
3 Answers from Attorneys
Re: authority of a executer
11 years is a long time to have an estate open. I think you should consult an attorney as to what has been happening and the issues involved.
Re: authority of a executer
There is much more to your question than you include... 11 years is an UNUSUALLY long time for a Will to still be open... I recommend that you consult with an attorney before you take any steps that could subject you to legal action for failure to comply with the Will for the last 11 years. There would need to be a VERY good explanation why the assets were not distributed within the last 7 to 10 years. Otherwise, there is a valid argument for the named heirs to stop any further action by you since you failed to follow the instruction in the Will while probate was open.
Re: authority of a executer
There is much more to your question than you include... 11 years is an UNUSUALLY long time for a Will to still be open... I recommend that you consult with an attorney before you take any steps that could subject you to legal action for failure to comply with the Will for the last 11 years. There would need to be a VERY good explanation why the assets were not distributed within the last 7 to 10 years. Otherwise, there is a valid argument for the named heirs to stop any further action by you since you failed to follow the instruction in the Will while probate was open.
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