Legal Question in Wills and Trusts in Massachusetts

disheirit

if some is disheirited in a will due to impairing its provisions does anything have to be done legally. I was made executor after it happened. My brother withdrew a trust fund and used it for gambling. It was meant to take care of a handicapped brother


Asked on 4/10/08, 10:56 am

4 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: disheirit

You should contact an attorney as soon as possible.

A will can be changed by its maker at any time prior to death. You cannot modify the provisions of a will after death, even if you are the executor.

You should probably speak with a local attorney, preferably one who represents executors and trustees in your situation. Please feel free to contact me.

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Answered on 4/10/08, 11:01 am
Joseph Murray Joseph M. Murray, Esq.

Re: disheirit

Retain an attorney to take all necessary actions to recover the squandered assets. While you can not change the terms of the will, you, as executor, are required to enforce them and to collect any assets that have been misappropriated.

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Answered on 4/10/08, 11:13 am

Re: disheirit

Yes, you need to contact an attorney so you can properly protect the rest of the estate and if possible recover trust assets taken improperly from the estate.

If this is a NH estate you need an attorney licensed in NH, which my office has several.

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Answered on 4/10/08, 11:49 am
Denise Leydon Harvey Harvey Law Offices

Re: disheirit

By all means see an attorney right away. You may be able to retrieve the funds from the brother. It sounds like a breach of fiduciary duty claim may be required.

Please let me know if can help you.

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Answered on 4/10/08, 12:16 pm


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