Legal Question in Wills and Trusts in Massachusetts

executrix abuse

Eldest sibling is executor, dad passed over 1 1/2 yrs ago, I questioned her properly executing will, she no longer communicates to 2 out of 7 siblings now. Changed locks on house(finally on the market) left to all of us, 2 living there covering bills only. Does she have right to refuse info on sale of house and correspondence copies from attorneys regarding ongoing asbestos claims on our dad. In will if she is unable to execute, then I am nominated, can I be added, or her removed and myself made the executrix. I was sole beneficiary of 2 policies and immediately distributed 7 equal ways. I was also his health care proxy until his death. She has yet to distribute all personal items inside the family home.


Asked on 8/12/08, 5:00 pm

5 Answers from Attorneys
Herbert Cooper Law Offices of Jameson & Cooper

Re: executrix abuse

In general, as others have noted, the executor should keep beneficiaries updated on estate progress, particularly in response to their inquiries.

If there is an open claim, 1 1/2 years is not inordinately long for the estate to be open, but it is not unreasonable for you to have information on the estate administration progress, including sale of the house, accounting, and asbestos claim.

Whether the sibling could be removed would depend upon the particular facts and circumstances, including how they respond to formal written requests for information.

If you are concerned, it would make sense to speak with an attorney.

Please contact my office if you need legal counsel.

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Answered on 8/15/08, 10:32 am
Denise Leydon Harvey Harvey Law Offices

Re: executrix abuse

I agree with the other answers here. Your sister owes you and your siblings a fiduciary duty to treat you all fairly and to keep you informed if you ask.

If this is not something that can be resolved within the family (i.e., by having one of the 5 who are speaking with her discuss the situation with her, or all agree to a meeting or some other tactic), then you should absolutely try to have her removed, or at least have an order issued that she file an inventory and account of the actions taken to date.

Please let me know if we can assist you in any way. Good luck.

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Answered on 8/13/08, 10:06 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: executrix abuse

You can file the necessary motions to remove the executor. If you need assistance contact me.

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Answered on 8/13/08, 2:40 pm
Joseph Murray Joseph M. Murray, Esq.

Re: executrix abuse

Please accept my condolences on the loss of your Father.

If you truly believe your sister is not acting properly as executrix you can retain an attorney to file a petition with the court to replace her with yourself or another sibling.

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Answered on 8/12/08, 5:26 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: executrix abuse

I am very sorry for the loss of your father.

The executor has a duty to communicate with and to treat all beneficiaries equally. Whether any of the conduct you described above is improper really depends upon a number of variables (i.e. the locks on the house were changed because of a break-in, or to ready for sale, etc.)

If you feel that your sister has acted improperly, you should gather your paperwork and make an appointment with a probate attorney in your area.

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Answered on 8/12/08, 5:56 pm


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