Legal Question in Wills and Trusts in Massachusetts
My father died with a will almost 4 years ago. My brother was named Adminstrator. He started the probate process, we received notification from probate attorney re: My brother as Adminstrator. 3 1/2 years later we received a call that my brother sold my fathers house. We were not informed of the terms of sale, never received a will or list of inventory. At the time of sale the deed was still in my fathers name. In his will he left all property to be split equally with children. How could my brother sell house and then he informed us that the proceeds were being set in an estate trust. How long will this be settled it will be almost 4 years. Is his probate attorney negligent or him?
1 Answer from Attorneys
The answers to your questions are going to depend on a number of facts which need to be reviewed with an attorney. An Administrator manages the estate of someone who died without a will, and an Executor manages the estate where there is a will. There are some important differences in what happens with or without a will, and an attorney must have a clear picture of the facts. However, in any case, four years is a very long time without either an accounting or other information about what's happened.
The first steps you need to take are to get a complete copy of the file from the Probate Court and bring it and any correspondence you may have had from your brother or his lawyer to an experienced estate planning attorney for review. The next steps will depend on what's there, but generally, if no account has been filed, the attorney will file a demand for an accounting on your behalf and will advise you on what other actions may be appropriate.
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