Legal Question in Wills and Trusts in Massachusetts
complying with will
dad left a will,it has been probated and legal,brother is executor,his wife ''pick and chose'' what to give to us, not all items were given, claims ''did not exsit'' although items were seen and always known to everyone to be given to us, most important is a ''hess truck collection'' to be given to my brother worth about 10,000. we do not have money to be taking her to court with an attorney, can we do this ourselves? such sentimental items that would not alter her way of living, but very dear to all of us,with what she did turn over, most was broken and not complete, we know she 'cleaned' out the house the day my dad was buried, she 'got rid' of most of the items, while knowing they were to be ours, can we do anything? can we take her to small claims court? we realize it would not be close to the value, let alone the sentimental value tous, but she must be held accountable somehow, what can we do? Also, is she responsible for putting a gravestone on his grave, it says in the will she is responsible for all funeral expenses, and money had been put aside for this...can we make her do this, at the very least..please help, we are devistated that this women has such a total disregard of my fathers last wishes..thank you
3 Answers from Attorneys
Re: complying with will
Please accept my condolences on your loss of your Father.
If the executor is not following the Will, you or some other interested person should retain an attorney to request that the executor do so or be replaced by you or someone else who will follow the wishes of your father as expressed in his Will.
Good Luck!
Re: complying with will
I'm very sorry for your loss. I agree with the previous answers. However, it is not clear whether your uncle, the executor, is authorizing your step-mother to act as she is. He should step in and take control of doing what the will states, including seeing that a gravestone is placed on your father's grave if that was his wish and there are funds available. You should first turn to him for help.
If your uncle is not willing to do this, you may request that the court remove him and appoint someone who will follow the terms of the will.
Good luck -
Re: complying with will
The terms of the will control.
If you feel that the executor abused his power, then you need to act.
If you need assistance, or representation contact me.
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