Legal Question in Wills and Trusts in Massachusetts

Re: estate (administratix responsibilities)

Neither. I assume you mean by "interested party" either an heir-at-law (including spouse) or a named beneficiary under the will (legatee or devisee). The will (and applicable statutes that sometimes override the will) governs what you get, and the executrix will be obligated to carry out the instructions of the will or the law.

If you have doubts about her willingness or ability, you can object to her appointment and can get someone else to serve if you can convince a judge that you have reason to be concerned.

An executrix will normally have discretion about, for example, timing of payments, whether to pay a minor or the minor's guardian, and a few other things. Rarely does a will permit the executrix to exercise her discretion about the larger issues of who gets what, and only a poorly drafted will gives that kind of lattitude.

Re: estate (administratix responsibilities)

Why don't you give me a call if you have some reason to be worried. Also, insist upon a copy of the will before you sign the form giving assent to the appointment of the executrix; you might find you've also acknowledged that the will is valid.

What does the will say about you in it?

My telephone number is (617)527-0050. Actually, I'd prefer you write back via e-mail to [email protected] or [email protected] -- to me!