Legal Question in Wills and Trusts in Massachusetts

I am the beneficiary of my father's estate, which has been open for five years now. One of my brother's (X) is the administrator and he has repeated told us that the property in the Estate can not be sold. My mother was the 50% beneficiary of my father's estate and has since past away. We have an outside administrator for her estate. The outside administrator has suggested that my brother (X) buy the property from the remaining 5 beneficiaries, which he is considering. We want to know if we can remove X as the Administrator of the Estate. Clearly X has not acted in our best interest if the property could have been sold all along and he never even attempted to sell it. The market value is obviously lower than five years ago. Are there legal requirements for removing an administrator? Would five beneficiaries be able to do so? Can we sue X for lost value?


Asked on 9/10/09, 3:51 pm

2 Answers from Attorneys

Yes, you have to file a petition to remove him and state your reasons.

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Answered on 9/15/09, 4:19 pm
Joseph Murray Joseph M. Murray, Esq.

You should consider retaining an attorney to file a Petition to remove the Administrator stating the reasons therefor. Good Luck!

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Answered on 9/15/09, 4:49 pm


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