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.


Asked on 3/28/99, 9:19 am

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

[email protected]

*** 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.


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Answered on 4/07/99, 2:00 am
Alan Pransky Law Office of Alan J. Pransky

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


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Answered on 4/10/99, 10:09 pm


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