Legal Question in Wills and Trusts in Massachusetts

Distribution of Mother's Estate

My mother died leaving a will that

dealt with her financial assets but not

her personal property such as

jewelry, china , silverware and

furniture. I am the executor of her

estate and am having trouble getting

items back from my sister, one of

four adult children beneficiaries. The

jewelry was appraised and my sister

wanted to look at the items to decide

which she would like to have. I told

her the items would be part of her

equal distribution of the estate. She

wants to keep most of the jewelry

but doesn't think it should affect the

portion of cash she receives in her

quarter of the estate distribution.

What do I have to do to get the

jewelry back from her?


Asked on 9/17/08, 5:52 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Distribution of Mother's Estate

you have a duty to collect and inventory all of the items. Your sister can be ordered to give you access and give you the items. All wills should have a residuary clause. You can file an equitable complaint to get this.

If you need help, contact me.

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Answered on 9/17/08, 9:38 pm

Re: Distribution of Mother's Estate

As executor you are to retain control of all assets and if they are to be distributed equally then it is to be distributed equally.

If need be you can file a Petition with the court to compel its return. I would start by sending a letter demanding the return of the jewlery.

Please call me if you are in need of further assistance.

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Answered on 9/17/08, 5:55 pm


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