Legal Question in Wills and Trusts in Massachusetts

Re: Is this ethical, or even legal?

Thanks for your message. It is clear that you need an attorney in this situation. In all probability the inventory has not been filed because of the holdup with trying to craft an agreement for the return of the paintings. I suggest that this be accomplished as soon as possible. Once this occurs, presumably the inventory and accounting can be filed. The filing would allow you to make objections to line-items in the account, including objecting to the failure to disclose assets you believe have been concealed from the estate. There are strict deadlines that must be adhered to in connection with the objections and an attorney can advise you regarding these. Armed with those objections, you would then have the right to obtain documents from the estate, take depositions if necessary, and have a trial if necessary on the issues raised by your objections. For more details please see my website at www.lawfang.com and blog link on that site.

Re: Is this ethical, or even legal?

Please accept my condolences on the passing of your Mother and these unhappy circumstances with your brother.

However you should consider retaining an attorney to petition the court to have the executor file an inventory and annual accountings which you can challenge in court if necessary or request the court to appoint you or someone else to replace your brother as executor if he is not acting in accordance with the Will. Good Luck!

Re: Is this ethical, or even legal?

This could be an innocent misunderstanding or it can be something more cynical. I suggest you contact an attorney to assist you in this. An inventory should be filed and the issue of ownership of the paintings you hold should not be an issue in filing the inventory.

If you have more questions, please feel free to contact me.