Legal Question in Wills and Trusts in Massachusetts

My grandfather passed away 10 years ago and left me money in his will. I never received this money and was told by the 2 Executors it was because "his Will was not valid due to a mistake by his attorney" However, 2 months ago while cleaning out my family's attic I found the Final settlement of my grandfather's estate and the two other named heirs had received their money (documented with date, check numbers, etc) and although I was clearly named in his will I was left out of the final settlement and never received the money he clearly left me. The rest of the money in his estate went into a trust has been earning interest for the past 10 years and is about to be dispersed to those SAME Executors as they are also the main beneficiaries.

The same 2 Executors were just appointed to oversee my grandmother's will so I am objecting to their appointment and try to get an independent executor appointed but am not sure if there is any way I could still receive the money that was clearly left for me in my grandfather's will. Or is there a way to legally hold the disbursement of his trust since I never received the money that was supposed to be left to me from it. The Executors have the same attorney who oversaw my grandfather's estate settlement is also now overseeing my grandmother's estate.


Asked on 1/05/10, 1:55 pm

1 Answer from Attorneys
Alan Fanger Alan S. Fanger, Esq.

I am quite sorry about your situation. With respect to the distribution that was due you under the will, there are two possible avenues of recovery. The first would be to see if the executor had to post what is known as a "surety bond" in connection with his appointment. You can determine this from the appointment certificate issued by the court. If a bond issued, you could seek a recovery from the bond company. However, most estates that are administered by family members typically do not have such bond requirements. In that event you would have to look to the executor personally. If, as you say, the executor is about to distribute trust funds to himself, you may be able to get an order from the court restraining him from taking that distribution pending resolution of your claims against him; you would need to establish that you are likely to prevail on the claim. However, you would need to ask fast and secure counsel. Please feel free to contact me if you wish to discuss the matter in detail. My blog postings concerning estate disputes can be found at www.lawfang.com

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Answered on 1/10/10, 4:36 pm


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