Legal Question in Wills and Trusts in Massachusetts
I am a beneficiary named in my late father's will. I was to receive a small amount of money; however, upon his death he apparently had no assets. His lawyer informed me of same and directed me to ask the executor where my father's assets went. The executor told me that he took all my father's assets and put them into a trust. When I asked about the inheritance, he informed me that money would only be given out depending upon "how generous" he felt. My question is: Is this legal for him to do? Is there any way I can get an accounting of my father's estate? Do I have any legal rights at all in this matter?
1 Answer from Attorneys
If the assets were part of the estate that was probated; then as Executor he was required to give you the money unless there was a restriction such as the money is to be held in trust until you reach a certain age.
You are entitled to know if the money is being held in trust for you and as a beneficiary, you are entitled to an annual accounting.
You can start by looking at the Will filed with the probate court and the Executor's accounting.
If you have not been provided with a copy of your father's trust, you should request a copy of same.
Please feel free to contact me if you have more questions.
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