Legal Question in Wills and Trusts in Massachusetts
Distribution Method Switched
A letter of Final Accounting of a relative's probated will shows a major difference between the manner specific bequests were distributed and the way the final balance is being distributed.
A partial distribution has already been sent and the legatees referenced in ArtTwo, as the will instructs,where a child pre-deceased the testator and the inheritance crosses generations,the surviving children of a deceased parent, received an equal portion of that parent's share. Applied on down to succeeding generations, that resulted in each receiving a proportionately diminished portion of the original bequest. Now,in dealing with the ''rest and residue'', the executor has decided to distribute this part differently, resulting in ALL beneficiaries, regardless of generation, receiving exactly the same share. Art Six, refering to Art2 says, the rest and residue to the several legatees named above (inArt2)in equal share. The executor refuses to offer any clarification as to his thinking on why the instructions in Article Six permit him the freedom to so radically alter the distribution scheme versus that used in Art2. Does his decision hinge on a non-obvious subtlety of law? If so, would Probate Court permit him to interpret Six as he did Two?
1 Answer from Attorneys
Re: Distribution Method Switched?
If you believe that the distribution is not in accord with the terms of the will, then you can file objections, and the matter can either be settled, or be subject to a hearing on your objections.
If you have any questions, contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
