Legal Question in Wills and Trusts in Massachusetts
fraud by executor?
Following fathers death co-exec(brother) moves into his house; all unrecorded discharges disappear; he and my parents est. planner claim house cannot w/o proceeding in land court.
Est. planner files petition under 240 to obtain discharge; fills in wrong date of mortgage; petition rejected because 20 year period of poss.not satisfied.
Sale of house delayed four years.
Co-exec(sister) has mrtg through estate. cannot pay without sale of parent's home due to divorce.
est. planner uses default as excuse to remove co-exec and foreclose mrtg.
Upon disc. of land court error
I filed objections to accounts of legal fees (approx $150k)stating delays, default and removal of co-exec were caused by attorneys negligence
Remaining exec states unless objections to account are dropped, right to file future objections are waived and parents house is sold to him for .75 on the dollar foreclosure and sale will continue.
After signing waiver estate planner claims a further $50k in fees.
Irequest of land court exam. copy of petition on which est. planner filed false info
Land crt. exam. states info was not false exam. misread encumbrance sheet
Exam is client of est. planner
Sister, bankrupt. commits suicide
Any recourse?
1 Answer from Attorneys
Re: fraud by executor?
Wow, this is a lot of information. You do not state the dates that these actions occurred or your relation to the players. This is a very complicated matter and I would not try to answer it without having a lot more inforamtion.
I strongly suggest that you take this information and documents to support it to an attorney with both real estate and probate experience.
Good luck.
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