Legal Question in Wills and Trusts in Massachusetts

Re: Executor of a will.

An Executor does not have any interest in an estate while someone is living. Your father if competent has control of his assets and can do with them as he pleases.

If he is not competent and your brother is acting under a Durable Power of Attorney that is a different question.

If you need to discuss this matter further please feel free to call my office.

Re: Executor of a will.

I agree. Your brother exercising any power in the behalf of your father has to be approved by your father. If your brother is taking any action either in the behalf of the father, or signing any documents, or transacting any busines, you should be speaking to your father. As stated by Mr. Roth, short of a power of attorney or its equivalent, the other parties involved in such transactions are creating potential legal problems for themselves. An executor is a no body until the court gives him the power to act. This is ONLY after a person dies, a petition is filed with the probate court, the heirs assent, or no objections are filed, and the court issues an order appointing some one as either a temporary or permanent executor.

The very question raises some sensitive issues that you may want to contact me and consult about your options. If your brother is taking some of your suggested actions, then time is of the essence. You can contact me at my office on Monday: 978.749.3606.