Legal Question in Wills and Trusts in Massachusetts

Executor abuse of power

I would like to know if it is legal for an executrix to have a piece of beach front propetry in Mattapoiset Ma. signed over to her as her first order of buisness or is this considered to be abuse of power?


Asked on 3/09/04, 7:45 am

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Executor abuse of power

Could be; but I would need more information about the estate, the will and the power of the executor.

Read more
Answered on 3/09/04, 9:52 am

Re: Executor abuse of power

It is not necessarily an abuse of power, if she is entitled to the property under the Will. It is a bit uncommon for such things to be done first even if it is permitted.

If however she is selecting assets in such a way to preference her share under the Will that is a breach of her fiduciary duty.

I would however suggest you get a copy of the Will as filed and list of assets filed and go see an attorney to review the matter. You might want to get a copy of the entire file from the probate court.

Read more
Answered on 3/09/04, 9:53 am
Joseph Murray Joseph M. Murray, Esq.

Re: Executor abuse of power

I would need to see the Will to make that determination.

JOSEPH M. MURRAY, ESQ.

56 NORTH BEDFORD STREET

EAST BRIDGEWATER, MA 02333-1173

(508) 378-3944

[email protected]

Read more
Answered on 3/09/04, 11:47 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Massachusetts