Legal Question in Wills and Trusts in Massachusetts
executor/liabilities
if one of the heirs who has controll issues.begins messing with the administration of the estate and begins contacting agencies that have claims against it what can be done are there criminal or civil penalties that can be brought small estate,insolvent,i am named executor in will also filed voluntary executor in court and was named so-what to do
2 Answers from Attorneys
Re: executor/liabilities
The executor is in charge. I do not understand how this person undermines your authority or the estate?
Re: executor/liabilities
You should send a copy of your appointment to all the agencies and inform them that you are the only one authorized to act on behalf of the estate.
Also you can send a letter to the beneficiary to cease and desist or you will have to take further legal action in the Probate Court and seek sanctions for any costs as a result of their actions. If they don't stop, then go to Probate Court and seek an order prohibiting them from contacting the agencies and interfering with the administration of the estate.
As executor you do not have any personal liability as long as you administer the estate properly.
Good Luck.
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