Legal Question in Wills and Trusts in Massachusetts

Re: devisee

It is now sixteen years since your father passed away. Did your father create a trust, with the house as an asset?

As Atty. Lebensbaum inquired, was the house part of the estate? Have you been receiving annual probate accounts? Was the named executor appointed after posting a bond? Did the executor file a final account?

As far as your stepmother having sold the house, if it was in your father's name only, then there is a potential problem. Making a variety of assumptions, you may or may not have recourse, but you have need of an attorney. Clearly, there are insufficient facts in your question for anyone to give a reliable answer.

Some considerations - if the house passed to a trust, the provisions of the trust would be relevant. Likewise, if there was anything particular in the will, applicable provisions would govern. If the house was held as tenants-by-the-entirety, it would have passed to your stepmother upon your father's death.

This is not the type of matter which you are likely to resolve without an attorney.

Re: devisee

Yes -- you need to bring an action in the Probate Court to have him removed as executor and to recoup the funds. If he failed to give you and your sister the funds from the sale of the house, he may have also concealed other assets. Don't try this without a lawyer!

Is the house part of the estate?

Aleexandra's position is based on a presumption that the house was part of your father's estate.

To be sure, you need to look at the language on the deed at the time of your father's death.

If you can provide the exact wording on the deed related to ownership, then I could assist you.

You can contact me at my office for a complimentary consultation if you have any further questions, or need assistance.