Legal Question in Wills and Trusts in Massachusetts

Re: Husband's personal items in estate

Hello -

If you were appointed by the probate court judge as your husband's executor, and you were not divorced, or subject to a formal separation agreement before he died, you have the right - and the duty - to manage your husband's estate. I would recommend that you make a written request to your mother-in-law for the documents and other items you need. I am sure she is grieving her son, and looking at you as the villain. Therefore, you may want to discuss with her what items of his personal property she would like to keep. If she is still unwilling to assist, you would need to go back to the probate court and get a court order that she cooperate - naming the specific items required.

As for the joint tax return situation, you are entitled to the portion of the return that reflects your contribution. The other attorney may file a claim against the estate, but she must deal with you in both your personal capacity (as to your funds) and in your representative capacity (as exeutor of your husband's estate).

I would recommend that you hire an attorney to deal with these complicated issues. I would be happy to help you.

Re: Husband's personal items in estate

OK -- a two-part answer for educational purposes. No attorney-client relationship is being established here, and I STRONGLY encourage you to go hire a lawyer with experience in probate, because probate law and procedure can be VERY technical.

1. Under MA law, the will naming you as sole heir is valid as long as there is no final divorce. Your mother-in-law does not have the legal right to his possessions. However, you have to acknowledge that she is grieving, and her lack of cooperation and blaming you for his problems may be her way of dealing with her feelings.

You have two options here, depending on what you have already done to claim possession and the quality of your relationship with her.

a) Start with a POLITE-but-firm note (remember -- she's grieving, too). Acknoweldge how difficult this is for her but also inform her that as executor, you are required to take possession of his assets and that the will says that they belong to YOU. Ask her to call you ASAP to schedule a time within 48/72/96 hours to pick up everything. Don't threaten her with litigation -- that will just get her back up. You might also want to find an intermediary to reason with her.

b) If A doesn't work -- or if you REASONABLY believe that A is pointless, you need a court order. The judge will want to know what efforts you made before coming into the courthouse, which is why that polite-but-firm letter is helpful. If she still refuses to cooperate after she receives the order, then you can go back to court and request that the judge hold her in contempt.

2. Yes, your husband's legal fees are debts of his estate and his lawyer has a right to be paid. However, as the court-appointed executor, you hold your husband's right to attorney-client privilege. Therefore, request the fee agreement and bills before deciding if the bill is reasonable. If the lawyer DOES file a claim against the estate, then request a judge to determine whether the fees demanded are fair. You have the right to any money from the joint return which comes from the taxes YOU paid -- that cash doesn't belong to the estate.

Make a polite-but-firm written demand for the fee agreement and detailed bills and for your own money. If the attorney refuses to work with you, you can get the court's assistance.