Legal Question in Wills and Trusts in Massachusetts

Estate Inventory and Disclosure

My sister and I are co-executors of our mother's estate (DOD 1/12/06) - court took forever to get us paperwork (6/15/06) There is a 3rd party involved in the will - however this third party removed items from the home that he was not entitled to (personal effects). In the will a vehicle was left to him, the ''household goods'' and 1/3 the real estate value. OUR lawyer is pushing us to pay off the vehicle, but doing nothing about the items missing from the estate that he wasn't entitled to. What are my options? Are we in a situation that the vehicle must be paid off now regardless of the other issue or can we hold off on releasing the vehicle to the third party until all items taken have been received?

I am in FL, but court is MA.


Asked on 7/31/06, 2:45 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Estate Inventory and Disclosure

Is this 3rd party an heir or recipient under the will, you can seek a court order requiring the return of the goods. If the vehicle is to go to this person, he takes it subject to any loans. I don't understand why the estate should fund the vehicle that is specifically designated. I don't understand why it took 6 months for the court to act. I don't understand why the lawyer waited 6 months and did not follow-up this omission. You should also ask the attorney, why he has not taken any action to recover the property. Maybe the is a valid reason. It sounds like there is a breakdown in communication that needs to be addressed immediately. If the breakdown persists despite attempts to resolve it, you should consider getting an attorney more responsive. If you have any other questions, you can contact me or call me.

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Answered on 7/31/06, 3:54 pm


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