Legal Question in Wills and Trusts in Massachusetts
executor responsibilities
Executrix/Sister told 2 siblings out of 7 heirs that she had the ''power'' to sell things or not, and ''power'' to give things to who she ''chooses'' and basically not follow dad's will to sell property, real and personal, wherever situated and divide equally amongst his 7 children. She didn't file inventory and she isn't providing copies of appraisals. She is excluding 2 siblings from any belongings becuae she has the ''power''. She says she got advise from an attorney but won't provide any attorney names at all. Does she really have this ''power''?
3 Answers from Attorneys
Re: executor responsibilities
The executor or executrix has to comply with the will. If they are not and if they are failing to file the reuired inventories and accountings then any other heir (ie one of the children) can petition the court to be appointed executor in her place.
Re: executor responsibilities
As the executor, your sister has the legal duty to treat all the heirs fairly. That doesn't sound like what's happening here.
The first thing is to go to the courthouse and pull the file. Make a copy of everything that's there and ask the clerk to print out a copy of the docket.
Next write out a timeline that's as accurate as possible which describes all these converations you had with your sister. After that, see a lawyer who regularly practices probate law in the court where the case is filed. Bring the court papers, the time line, and anything which you may have received by mail with you.
t may be that a good letter or two from an experienced attorney may be enough to get her to clean up her act. If that doesn't work, then the attorney can file the necessary papers to force your sister to disclose the assets or even to have her removed from the job.
Please feel free to contact me if I can be of further assistance.
Re: executor responsibilities
Your sister is obligated to follow the terms of the Will. She is obligated to file accountings and treat all heirs and beneficiaries fairly. She can sell property but it has to be at reasonable values based on appraisals or other independent valuations.
It sounds like she is not doing that and you can Petition the Court to have a new Executor appoiinted. Having said all this she is not required to get consent from the heirs for everything she does.
She cannot choose to give things away as she sees fit unless authorized by the Will. She can clean out the home to make it saleable.
She has a fiduciary obligation to all the heirs and the estate. I suggest you contact an attorney for assistance. Please feel free to contact me.
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.
