Legal Question in Wills and Trusts in Massachusetts
Disbursing of Personal Effects
Dad was put in a hospice house two weeks ago. Sister#2 legal guardian/executor of will. Her daughter lives in dad's apt. She is disposing of all personal effects - Dad is not dead. Will states dad's effects divided amongst 4 kids/not grandhildren? Can we stop this legally? How fast? By what Means? Sisters made decisions/boys not consulted. Also monies disappearing out of dad's ban account - can we have it audited? How can we prevent this legally. Dad is still very much alive.
2 Answers from Attorneys
Re: Disbursing of Personal Effects
Is your Dad not only alive but undeniably competent?
Has Sis made use of the Power of Attorney? Does Dad know?
Who has copies of the P.O.A.? How do you know what powers
she has? Are you close with Dad? Have you talked with Sis
directly about any of these concerns yet? When did you last
see / talk to your father? (If he's ill, you might not want
to worry him, I understand.)
If you're in an area where I practice, you should
contact me right away to file for an
order to prevent all these happenings. If you're too far
away, I can find you someone by the end of the month
or possibly sooner who practices in that area of law.
You're going to need a lawyer sooner or later, and it's best
to get a jump on these matters.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Newton, MA 02459-2509
*** IN WHAT CITY DOES DAD RESIDE? IN WHAT CITY ARE YOU?
tel (617) 527-0050
fax -1763.
I just had a case where money taken from accounts before
death were 'charged' to the sister who took them, the sister
was replaced with court-appointed neutral executor and trustee,
etc., etc. and the sister ended up getting less than if she
hadn't taken in the first place.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Re: Disbursing of Personal Effects
You should be able to go to probate or superior court and obtain an injunction against
the disposition of assets. You indicate that she is guardian. If she is duly appointed
by probate court then the court should stop this behavior. If no guardianship exists
then you should file for a guardianship.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road