Legal Question in Wills and Trusts in Massachusetts

embezzling executrix

sister is executrix in grandfather's estate she lives in new hampshire attorney is agent in ma she has embezzled $400,000 out of estate worth $700,000 she and attorney have ignored the will and are doing whatever they want they have told me and everyone else in the will to basically go to hell her attitude is i have the money try getting it back what are our options ? thank you


Asked on 9/07/06, 1:04 pm

3 Answers from Attorneys

Re: embezzling executrix

Your options include challenging the estate accounting and bringing the matter to the attention of the court. If you can demonstrate criminal misconduct, then there are other options. Fell free to contact my office if you wish to discuss the particulars of your case.

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Answered on 9/07/06, 1:35 pm

Re: embezzling executrix

Your options include challenging the estate accounting, asking for a new executor and bringing the matter to the attention of the court. If you can demonstrate criminal misconduct, then there are other options. I suggest you contact your own attorney as soon as possible. Please feel free to contact me.

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Answered on 9/07/06, 2:02 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: embezzling executrix

I am not sure at what stage the probate action is. At some point an inventory of all of the assets should be filed. There should also be a filing or upcoming filing of estate returns, both federal and massachusetts, assuming that the need is there. You can also demand an accounting and supporting bills at any time.

If you have evidence that the estate is being liquidated inapproiately, you should retain an attorney to protect your interests. If the executor has a bond, there is a likely action or demand against the bond issuer. If the attorney has malpractice insurance, there could be an action against the attorney, even if the attorney does not carry such insurance.

So first investigate, then act. If you wish to ask questions, or retain me, you may contact me at my office.

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Answered on 9/07/06, 3:34 pm


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