Legal Question in Wills and Trusts in Massachusetts

executrix abuse of ''power''

My sister/exeucutrix never filed inventory or had a market analysis of my dad's home and only corresponds w/ some siblings on estate matters. Can she decide what to sell, who to give things to and exclude other siblings? She says she can, that she has that ''power''. Can she keep 2 siblings away from dad's home and family pictures? Can she be removed as executrix (what does this entail) or can the other person listed in WILL be added as co-executrix without her permission? All children are listed as beneficiaries IN EQUAL SHARE. Dad passed over a year ago.


Asked on 3/25/08, 3:38 pm

5 Answers from Attorneys

Re: executrix abuse of ''power''

Your sister must file an inventory within one year of opening the estate. While she has a great deal of power, she has to treat all beneficiaries, subject to the terms of the Will, equally.

If she is truly abusing her power you can contact an attorney and seek to have her removed for cause. She is required to do things in a reasonable and business like manner.

I suggest you contact an attorney and provide as much detail to him or her as possible.

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Answered on 3/25/08, 3:43 pm

Re: executrix abuse of ''power''

Your sister must file an inventory within one year of opening the estate. While she has a great deal of power, she has to treat all beneficiaries, subject to the terms of the Will, equally.

If she is truly abusing her power you can contact an attorney and seek to have her removed for cause. She is required to do things in a reasonable and business like manner.

I suggest you contact an attorney and provide as much detail to him or her as possible.

Read more
Answered on 3/25/08, 3:43 pm

Re: executrix abuse of ''power''

Your sister must file an inventory within one year of opening the estate. While she has a great deal of power, she has to treat all beneficiaries, subject to the terms of the Will, equally.

If she is truly abusing her power you can contact an attorney and seek to have her removed for cause. She is required to do things in a reasonable and business like manner.

I suggest you contact an attorney and provide as much detail to him or her as possible.

Read more
Answered on 3/25/08, 3:43 pm

Re: executrix abuse of ''power''

Your sister must file an inventory within one year of opening the estate. While she has a great deal of power, she has to treat all beneficiaries, subject to the terms of the Will, equally.

If she is truly abusing her power you can contact an attorney and seek to have her removed for cause. She is required to do things in a reasonable and business like manner.

I suggest you contact an attorney and provide as much detail to him or her as possible.

Read more
Answered on 3/25/08, 3:43 pm
Joseph Murray Joseph M. Murray, Esq.

Re: executrix abuse of ''power''

The power of the executrix derives fom their appointment by the court to fairly administer the estate. If your sister is truly abusing that power, you should retain an attorney to require her to act responsibly or be removed and replaced by someone who will do so. Good Luck!

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Answered on 3/25/08, 7:22 pm


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