Legal Question in Wills and Trusts in Massachusetts

executrix responsibilities

My dad passed away 1/7/07 and left a will that said sell real estate and personal properties and divide equally amongst his 7 children. Oldest is executrix and she said she could buy certain things at a nominal fee that she has sentimental attachment to, can she do this? Japanese pearls my dad gave my mom in 1951 or 52 and hunting guns for her sons. She has given things away to other siblings, too. Can she do this?


Asked on 3/15/08, 5:40 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: executrix responsibilities

The short answer is NO.

The values are those that are prevailing, not what a person with interest decides to do.

If you have any other questions, please contact me.

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Answered on 3/15/08, 6:16 pm

Re: executrix responsibilities

No she cannot do that. Those items need to be valued and then she can purchase them for their reasonable value, unless one of the other 6 children want them as well. More importantly, as Executrix she has no priority to sentimental items.

If you have additional questions, please feel free to contact me.

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Answered on 3/15/08, 7:31 pm


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