Legal Question in Wills and Trusts in Massachusetts
Can an executor of an estate in MA, when the person passes without a will, write a statement to the court stating that it is "under penalties of perjury" and the statement is not true, be accountable for what it says? Accusing people of stealing and other false statements. She has No proof of anything, but we have proof she is lying.
3 Answers from Attorneys
If she lies under penalties of perjury and has no good faith reason to believe the statement is true she can be sued or sanctioned for committing perjury. A court might want to refer the matter to the local prosecutor's office as well.
She could be sanctioned for committing perjury. But the larger question is: who is she accusing of stealing and of false statements? Perhaps the proof should be submitted in their defense. And this incident may be able to be used as grounds to remove the executor (personal representative). If I can be of assistance, please feel free to call me at 617-859-8966 or email me at [email protected].
No, of course not. It sounds like you need an attorney to assist you. If our office can assist you, please do not hesitate to reach out at 617-357-4898 or [email protected].
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