Legal Question in Wills and Trusts in Massachusetts
Co executor issues before starting probate
I was chosen a co-executor and am the child of the deceased. A niece was also and started problems immediately during death. We have been threatened more then once from this person and another. Cannot work with them, do not want to give up the child rights to abusive people, have police report. So nothing got done except talking to lawyers on how to proceed, they never did anything, never listened to abuse issue either, so now I am being brought into court to pay her legal fees for doing this to us! I must file an answer, can I bring the police report in as evidence? Are there any legal affirm. defenses for abuse listed that I can use? She never showed up at the appts with first atty for will reading, we did, she tried to cancel all, she never told me I was the other co-executor, took over everything, cannot get into house to see if things are gone, nothing and I have tried my best here, but it is abuse that stopped us from doing the estate. It would have been done if she had not done this. What can I do here, file an answer to her thing, place on it affirm. def for abuse? anything else, any law that I must follow to bring in police report also? What is the time lime for filing an answer? Does the court care about abuse, threats?
1 Answer from Attorneys
Re: Co executor issues before starting probate
Get an experienced probate attorney for yourself. NOW.
You are potentialy personally liable for your co-executor's actions and you need to sit down with an attorney who understands the law and the rules of the probate court. The lawyer will review the documents and the other facts and should make appropriate strategic decisions about how to protect your interests and those of the estate.