Legal Question in Wills and Trusts in Massachusetts

Re: Estate of Parents

First, I'm very sorry for your loss.

You don't say whether the Will has been presented for allowance at the probate court. If you have the original Will, you should do this so that the executor your mother chose can be appoionted to take control of your mother's assets and ensure that her wishes are fulfilled. If there is no executor appointed yet, I also suggest that you speak with your brother and/or sister-in-law about her actions. They are not authorized.

If an executor has been appointed, he or she should notify your sister-in-law that she must stop selling and distributing your mother's property. These acts are the duty of the executor. The executor should then begin the process of marshalling the assets, determining debts, etc.

Please let me know if I can assist you. Good luck.

Re: Estate of Parents

I am very sorry for your loss.

Whoever is named in the Will needs to immediately get appointed by the Probate Court as executor and take control of the assets as only the executor has the right to dispose of them and must account to all interested as to their disposition.

Re: Estate of Parents

The answer depends on whether an executor has been appointed to manage the estate. The executor's job is to take control of the estate's assets. Unless the court has appointed your sister-in-law to be the executor, she has no legal right to dispose of objects which may have been left to you.

You need to bring a copy of the will and any papers which may have been filed to a probate attorney, who will review the documents and properly advise you of your rights.

Please feel free to contact me if I can be of further assistance.