Legal Question in Wills and Trusts in Massachusetts
executer of a will
The executer of a will is one of 4 children of the decest and the property is to be shared equally among the 4 children. Can all 4 beneficiaries be present with an attorney, even if the executer is making an appoint without them. Do the other 3 parties have a right to see documents and bank statement?
2 Answers from Attorneys
: executor of a will
Your questions is unclear. What is an appoint?
Yes, I believe that the executor should share, if requested, the information you seek.
Re: Executor of a will
In general, the executor, once appointed, will have fiduciary duties to the beneficiaries, including the obligation to account. This means that the executor will have to report on the assets and liabilities of the estate, list the income received and expenses paid, etcetera, in detail to the penny.
In practice, we typically recommend that the executor share any requested information with the beneficiaries as a simple way to eliminate suspicion and future problems. It would not be unusual for all of the beneficiaries, if convenient, to meet with the Executor and the attorney for the estate chosen by the executor (or decedent). Again, this helps eliminate suspicion and future problems.
It is not, however, required.
In cases with much family strife, it is possible that the beneficiaries have their own attorney, but this will typically result in less money for all, so the beneficiaries need to think carefully whether paying for their own attorney is justified. (The Executor's legal fees are normally paid out of the decedent's estate.)
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