Legal Question in Wills and Trusts in Massachusetts

Re: Bills still coming in my dad's name

The executrix has a duty to manage the estate fairly, impartially, and for the benefit of ALL of the heirs. If the siblings are living in the house, they should be paying fair-market rent to the estate and the utilities; or in the alternative, have those expenses deducted from their shares of the proceeds from the sale house and credited to the other heirs. The only exception would be if the will specifically authorizes your siblings to live in the house rent-free until it's sold.

Given the situation you are describing, I have to wonder about what else the executrix might or might not be doing. Please feel free to contact me.

Re: Bills still coming in my dad's name

My condolences on your loss of your father.

If he left a Will, it's terms should control what disposition is to be made of the house and it's contents.

The executrix is responsible to safeguard the assets, to pay debts and distribute waht remains according to the terms of the Will.

If she is not doing so, you, and your similarly situated siblings, may retain an attorney to petition the court to insist she do so or be replaced by another executor who will do so. Good Luck!

Re: Bills still coming in my dad's name

The executrix is charged with protecting the interests of the estate. This includes generating income from estate property to the extent such income can be generated. An executrix is under an obligation to demand and collect a fair market rent from persons who occupy estate property, even if those persons have an interest ultimately in the disposition of the estate. You are best off advancing your position through an attorney.