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?
3 Answers from Attorneys
Re: Executor abuse of power
Could be; but I would need more information about the estate, the will and the power of the executor.
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.
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
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
