Legal Question in Wills and Trusts in Massachusetts
executorship and beneficiary questions
My mother passed away in without a will, but owned a car and a small piece of property. I was the sole beneficiary of her life insurance. My mother asked me to set up a trust fund for her grandkids, and how she wanted the rest of the money distributed. My brother is petitioning for executorship and right to sell the property to himself for $10, which I have contested. I have since received a letter stating I will be served Interrogatories and Requests for Production of Documents. The letter also states they are seeking to determine where the money for the trust came from. The trust is irrevocable. Can they take the trust away from the kids? Do they have the right to know what I did with the insurance money or how much it was for? What are my rights as the beneficiary?
2 Answers from Attorneys
Re: executorship and beneficiary questions
The legal documents you have received must be responded to within the applicable time limits. You should immediately engage an attorney experienced in this area to represent you and make the court filings that are required.
Your failure to respond to these documents could place the trust and your own finances at risk.
Re: executorship and beneficiary questions
Insurance proceeds pass outside your mother's estate and you can do with them as you see fit. You were under no legal obligation to set up a trust for grandchildren, but even though you did, it has nothing to do with your mother's estate.
If your mother did not leave a will, only the property and the automobile are estate assets, and if your mother was not legally married at the time of her death, those assets are general split equally among the children of the decedent (your mother).
You are wise to contest your brother's effort to exclude you from her assets. However, do find yourself an attorney so that you can be adequately represented in your claim against your brother's attempt to keep the property for himself. If Interrogatories, etc. are not answered properly or properly objected to, you could end up spending much of your own personal money while the matter drags on.
Best wishes to you. I'd be happy to speak to you by phone if that would be helpful. 401-885-7200
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