Legal Question in Wills and Trusts in Massachusetts

what if the executrix does not file the paperwork

Hi - My Mother died about six weeks ago. My sister is the executrix and is being less than honest with all my mom's assets. She says that she went to a lawyer and he told her she could keep everything and not distribute it amongst the four children. There is a will that states everything be divided 4 ways. She is not willing to file the paperwork in Probate Court. Doesn't she only have 90 days to file in the court and doesn't this need to be done? What are my options here? What I would like to do is get copies of the paperwork (will, etc.) and bring it to a lawyer for advice but she is not willing to give me copies. If I need to go to an attorney can I get my legal fees reimbursed? Any advice would be greatly appreciate. Thank you.


Asked on 12/12/06, 11:36 am

2 Answers from Attorneys

Re: what if the executrix does not file the paperwork

If your sisyter is not probating the will (which includes filing it in court where it can be viewed), you can petition to become the administrator and have the court order the will be produced. Contact me if you would like to discuss the specifics about having your sister replaced and how best to proceed.

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Answered on 12/12/06, 12:31 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: what if the executrix does not file the paperwork

The first steps are:

There is a difference between being named in the will and petitioning the court for an appointment as an executrix. Merely being named does not allow you to do anything about the assets. Unless of course, the assets were titled so as to bypass probate.

The Petition to probate a will is usually in the county where your mother died. You can contact the probate department, and see if there is an action related to your mother's estate, and would appear in her name.

After this it could get more complex. If you have any other questions, or need legal assistance contact me.

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Answered on 12/12/06, 1:13 pm


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