Legal Question in Wills and Trusts in Massachusetts
My father died in dec 09 he didnt leave a will.So my sister wrote up a document 20min after we found out that she was legal rep.Is this legal?She also wont distupt funds bc of suit over girlfriends house which we want back its woth 500th and the estate is 3mil is it legal for her to hold all of it and does she really have legal control?
2 Answers from Attorneys
If what you're saying is true, there are some important questions which need to be reviewed.
What kind of "document" did she write up? Is this something that was ever reviewed and approved by the probate court?
Has she filed an estate tax return with the Commonwealth and paid all taxes due?
When was the law suit decided or settled? Were the proceeds of the settlement paid into an estate account?
Did she ever file an inventory with the Probate Court?
I could go on.... but if you want to protect your rights, you NEED to sit down with an experienced estate planning and probate attorney to review how the estate has been handled. Improper conduct should be brought to the attention of the Probate Court, which has the power to remove your sister and appoint someone else as administrator of the estate.
Please feel free to contact me at 781-433-8665 if I can be of assistance.
You need to consult with an attorney. There are many questions that need to be answered including how your sister became Administer of your father's estate.
An inventory and an accounting should have been filed, as well as a MA Estate tax return or at least an estimated payment of the tax.
Please feel free to contact me if you want to discuss your case without obligation. 617.406.4647.