Legal Question in Wills and Trusts in Massachusetts

Re: Executor of the Will

Have you asked the lawyer you picked to represent the estate? Or are you looking for another lawyer?

Joint bank accounts are usually held as joint tenants, which means he as the surviving "tenant" gets the balance, but if the intention was that this was only so he could pay her bills, then it would be the property of her estate. The problem will be proving her intention if the bank's records are not clear. It would have been better to do a power of attorney, which does not convey an ownership interest in the funds, or even a conservatorship.

If the amount in the bank account on her death, after any outstanding checks were paid, was not substantial, it's probably not worth arguing about.

Who owned the house? What other assets are there, including any life insurance benefits? Who is/are the beneficiary(ies)? Is there a medicaid lien on the house?

The funeral expenses and attorney for the estate are normally paid from the estate, but it should be specified in the will.

It's not clear if you are one of the two brothers, or if there are three of you.

If the house was not in her name, or not only in her name, and there is not much in the way of other assets, it may be possible for you to do an "administration with the will annexed" for not much money and without a lawyer.

For a small fee, I can help you with the paperwork. I might be able to probate the estate for less than the lawyer you have consulted, if there is more than a small amount of asset value.

Call me if you are interested: 508 755-1538.

Re: Executor of the Will

It is unlcear if you are one of the two brothers or there are three of you.

With respect to the checking account, who is the owner of the money is a question of how the account is set-up, as a joint account which would make the money your brother's or if he simply had signatory power or was acting under a power of attorney.

If there is not much money in the account it may not be worth disputing ownership.

As to the home the issue is how the title of the property was held: in your mother's name alone or in her and brothers' names as joint tenants. Also are there any liens on the property such as a medical lien and mortgage. Depending upon what is in the estate it may be possible to administer the estate as a small estate with the Will attached. You may be able to do that yourself or very inexpensively with the assistance of an attorney.

Any fees paid by you would be a claim against the estate's assets that have not been disposed of free of probate.

Also, is there any life insurance policiies, collectables, or pension benefits that need to be dealt with.

If you need assistance please feel free to contact me without obligation.