Legal Question in Wills and Trusts in Massachusetts

Re: executrix of fathers estate

I assume that there was no probate of his estate, and no one appointed as administrator by a probate court. DOR usually does not go after estate assets except for real estate or large accounts. To be on the safe side, you should get a waiver from DOR of any interest in the settlement amount.

I further assume the $4500 is what's left after all claims or liens are paid out of it. If there are final expense balances, such as unpaid funeral bills, you should use the money for that, and reimburse anyone who contributed to those expenses. You should not include any contributions made to him during his life, unless there was a written contract with him to do that, or if all of you agree.

If there is anything left over, I recommend disbursing it equally among the children. If someone feels this is not fair, you all should discuss it to see if there can be some agreement, but for such a small amount, I would hope there would have to be any lawsuits or even mediation, the cost of which would come out of the $4500.

There is probably no way everyone will feel it is fair, and King Solomon is long gone. You will all have to interact with each other to some extent for the rest of your lives, and you really should not let this make it difficult.