Legal Question in Wills and Trusts in Massachusetts

Re: dads will

There are really two issues here -- your brother's conduct as the executor and the sale of the real estate. Let's take the second item first.

The terms of the Will dictate whether your brother may sell the house without receiving a license from the Probate Court. You need to look at the will and see what it says.

The next piece of the analysis is goes to what efforts have been made to sell the property. This is a rough market to sell real estate, and it's possible that your brother may have gotten the best price he can. Or maybe not. Without an appraisal and a review of the paperwork relating to the sale, it's tough to say.

Now, as to the conduct issue -- your brother has a duty to all the heirs to account for the estate's income and assets. There are specific laws concerning his duty to file an inventory and an account. If you think that matters are not being handled properly, you should pick up a copy of the case file at the Probate Court, make an appointment with an attorney who practices probate law, and bring the copies and any correspondence or other documents you may have to that appointment. Do it as soon as you can -- before the sale goes through.

Please feel free to contact me if I can be of assistance.

Re: dads will

In order to sell the home, your brother would need to obtain what is known as a license to sell from the Probate Court. As an heir of the estate you have the right to oppose that effort. However, as part of your opposition you would need to have the property appraised and be able to submit that appraisal for the court's review. The appraisal you engage should be "MAI-certified", preferably with credentials as an expert witness in prior court proceedings.

Additionally, if your brother is not informing you of what is going on with the estate, you have the right to petition to have him removed as executor. Often the mere threat of filing such a petition is sufficient to get the executor to be more responsive. There's no question that you need an attorney to apply pressure to him so that can fulfilll his obligations properly.

Please feel free to contact me if you wish to discuss these issues in greater detail.

Alan S. Fanger, Esq.

199 Wells Ave., Suite 201

Newton, MA 02459

Check out my blog on legal malpractice, probate litigation and real estate litigation at http://blog.lawfang.com

Re: dads will

The executor has many rights, and the court's file should provide you with the required information. You need to find out what the will says about the right to sell the house.