Legal Question in Wills and Trusts in Massachusetts

Re: executoring an estate

The executor has a legal duty to get professional help when he's in over his head -- which it sounds like he may be. The best advice you can give the executor is to meet with an attorney who regularly handles probate matters. The estate normally would cover the legal fees involved.

I would be pleased to discuss this matter further with the executor.

Re: executoring an estate

Without going into the particulars of your situation, which sounds rather unusual (12 years for administration of an estate, in the absence of any testamentary trusts or other factors?), the basic duties of an executor (in simplified form) are to:

1. Collect the assets of the estate, including securities, cash, personal property, etcetera;

2. Pay unpaid funeral and burial expenses, expenses of the last illness, income and estate taxes (along with any necessary filings), as necessary, debts of the decedent and related administration expenses (e.g. attorney's fees, accountant's fees, appraisers, and real estate agents;

3. Having made sure that all liabilities are taken care of, the executor can then distribute the remaining estate property in accordance with the will. ("Estate property" is property that is titled in the name of the estate, or is payable to the estate in the case of life insurance or other assets with contractual beneficiary provisions.)

4. In conjunction with distribution to the beneficiaries and payments to the creditors and taxing authorities, the executor is obligated to file an accounting of his or her actions (starting with a probate inventory, and then an annual account for each year of administration).

An executor will typically hire the professionals needed in a specific situation (e.g. an attorney for guidance through the probate and administration process, an accountant for fiduciary income tax returns, an investment advisor if there are substantial investment assets, etcetera.) Assuming that these are reasonable and appropriate, the fees are paid from the estate.

For complete distribution of the estate, it is not atypical for one or two years to elapse, with initial distributions to the beneficiaries made sooner, depending upon how much estate assets exceed known and anticipated debts and liabilities.

Once the will is allowed, title to the real estate passes to the individuals named in the will, subject to certain rights in the estate to liquidate real estate to pay liabilities of the estate.

Administration of an estate which holds real estate invariably requires the assistance of an attorney. Please feel free to contact me if you need assistance, or pass along my name to the executor.

(The major duties of the executor are as set forth in the General Laws of the Commonwealth, which can be found on the Mass govt website, under the legislature's section.)

Re: executoring an estate

I would suggest if you are the executor, that you contact an attorney for assistance ASAP. His fee should be paid by the estate.

The power of the executor is either statutory or as authorized by the Will of the deceased. The removal of a beneficiary from a home which they have previously been given permission to occupy requires that the Executor evict them from the premises.

Distribution of the proceeds from the estate will dictated by the terms of the Will or statute.

Please feel free to contact me if you have more questions.

Re: executoring an estate

This question involves a lot of issues that can't be addressed in a general way. You and the current executor should meet with an attorney to address your very specific circumstances and issues. It sounds as though this has been languishing for some time.

Please let me know if I can assist you.