Legal Question in Wills and Trusts in Massachusetts

I am co-executor AND a residual beneficiary of a family member's small estate (under $100K) serving with a difficult, uncommunicative person. Do I give up any rights by withdrawing as co-executor?


Asked on 2/24/11, 11:43 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

You give up the right to deal with the estate of your deceased relative as a fiduciary. You retain the rights of a beneficiary and heir, but you lose the right to control and manage estate property and assets. You would also give up the right to seek compensation for your reasonable fees as co-executor (which, you are better off receiving in the form of inheritence anyway).

If both co-executors would like some help in working together, or in giving some chores up to a probate attorney, please feel free to contact my office.

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Answered on 2/24/11, 12:00 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

You functionally give up quite a bit especially when you deal with such a person. If you are having problems now, imagine what the future holds.

I agree with Chris. Contact an attorney for a consultation and you may contact me.

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Answered on 2/24/11, 12:04 pm


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