Legal Question in Wills and Trusts in Massachusetts

Final Accounts Probate

Beneficiaries rights question. At the end of probate, what rights do we have to view the books? I sent in an objection to the court & lawyer but have not heard anything (have legit concerns). Why must beneificiaries have to go to court if they just want to view what was done and have their questions answered? House sales were not sent in the account papers I was sent. Why do probate lawyers make it so difficult for the deceased family members to get their questions answered? Is this all about making money as those who do this get bad reputations-whether they realize it or not. Want to know my rights to view the books and why I am not being allowed an appt to do so out of court at the office. It has been over a month since I sent the list in.


Asked on 4/05/09, 8:56 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Final Accounts Probate

You have the right to view the Inventory filed with the Court and, unless you waived your right to do so, to review and object to the Final Accounting. I'm assuming that you have already assented to the Final Accounting. Nonetheless, you can still go to the Court and view the entire file.

Probate lawyers are hired by the Executor. It is their job to provide representation and guidance in the performance of the Executor's duties, and to ensure that the estate is administered according to the rules of the Probate Court and the wishes of the Testator.

Just because you are family does not mean that you are entitled to view every aspect of the deceased's property and approve every transaction. Just as one example, non-probate property (whether by joint ownership, existence of a trust, etc.) is not a part of the Testator's probate estate.

The attorney for the Executor has a duty to administer the estate fairly with respect to all beneficiaries, but has no obligation to answer all of your questions or provide you with information outside the scope of the probate rules. You will need your own attorney for that.

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Answered on 4/05/09, 9:06 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Final Accounts Probate

Usually and for each filing, the beneficiaries ought to have copies. This is especially true for requests, motions, wills, inventories, and accounts.

I am not sure what you mean by a "list?"

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Answered on 4/05/09, 9:30 am


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