Legal Question in Wills and Trusts in Massachusetts

A co-executor, son of the deceased, has breached his fiduciary duty. After reading the will and explanatory letter, which simply states all assets are to be sold and divided by 4 children, it appears the co executor is willfully taking actions that are contrary to the instructions given in the will and explanatory letter. For example, assets have been donated, handed to a 17 year old great grandchild and removed from the estate without inventory. No inventory has been taken or shared to date. Co executor is allowing verbal approval of removal of assets at his children's request. It is my understanding that these actions make for a challenge in court as they are illegal and are not in the spirit of the will.


Asked on 7/20/15, 7:02 pm

1 Answer from Attorneys
Steven Hemingway Grolman LLP

Based on what you are saying, it certainly appears that the Personal Representative is acting inappropriately and possibly breaching their duty. Is the other co-Personal Representative not stepping in? Either way, if you are a beneficiary, you can certainly take action. You can demand an inventory and account, or even bring a petiton to remote the PR.

There are extra facts that need to be explained, but you should act quickly before the assets are all wasted. Call an attorney to set up a free consultation, over the phone or in person. You can feel free to call me, if you wish, at 617-859-8966 or email me at [email protected].

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Answered on 7/20/15, 7:37 pm


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