Legal Question in Wills and Trusts in Massachusetts
death in Massachusetts, without will
The mother of an estate died without
a will (valued under 800,000). Four
of her adult children remain. One
lives in the estate; others live in
other states. If the three appoint the
one in the home as an admisistratrix,
do they , in effect, sign away their
voices in the decisions that concern
it, such as repairs or of selling it?
2 Answers from Attorneys
Re: death in Massachusetts, without will
Answered this already.
Re: death in Massachusetts, without will
No, but the Executor or Executrix will have a great deal of control of when and how to sell it. Most of the decisions will be the fourth sibling without any imput from you.
Repairs will certainly be under his or her control, but they owe a fiduciary duty to the others. If you are concerned about the person who lives in the home being in control of what happens, you might want to pick one of the remaining 3 to be a Co-Executor. This means the two of them will have to agree on what happens. Or pick an independent third party to act as Executor, although that could be a little expensive.
Good Luck. Please feel free to contact me if you have any more questions.
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