Legal Question in Wills and Trusts in Massachusetts
What Information Must the Executer Provide?
My dad�s last wife died recently. Her nephew (she had no children) was made executer; I was contacted to sign that I had no objection to him being named, which I did. Since then I have not heard a word. My sister asked him about the division of the estate and was told it was being divided equally and other questions she asked were not directly answered. For example she asked about the final sales price on our family home and was told, �We had to come down a bit in price.� Later he told my sister that some �bonds� had been distributed to his side of the family. After 6 months, I tried to talk with the estate�s lawyer and was referred to the executer and was told by him that it was too expensive for me to have a copy of the will because the lawyer would charge to copy it. I went to the courthouse and got a copy of the will, I found that the executer is getting a substantial lump sum and there were no provisions for the distribution of bonds.
What rights do we have in this matter, what information is reasonable to expect, how do we get information?
3 Answers from Attorneys
Re: What Information Must the Executer Provide?
The executor is required to act in accordance of the Will. He is entitled to make distributions, but he has to do so fairly and you are entitled to be given accounts filed with the court. If the executor is not treating the beneficiaries farily, you (I assume you are a beneficiary under the Will) are entitled to petition for his removal.
I suggest you take a copy of the Will and the information you have to an attorney to determine your rights in the matter.
Please feel free to contact me if you have more questions.
Re: What Information Must the Executer Provide?
Since this is your step mother's will, you would have few, if any, rights, unless you were named as a beneficiary in the will, or if your father's will requested certain property pass to you after your step mother's death (i.e. if your Father had given your stepmother only a life estate in some property, the residue of which was to pass to his children upon her death.
Retain an attorney to review the situation with you as there are too many possibilities to resolve your question here. Bring to your attorney your step mother's will along with all documents from the probate of your Father's estate AND the paper you signed assenting to the appointment of the nephew as executor, as it may have also been a General assent to his probate of your stepmother's estate without the need to give any further notices to you.
Re: What Information Must the Executer Provide?
You do not state whether you and/or your siblings are named in the Will.
If you are, then you have the right to see the Will and to know what distributions, if any, have been made, as well as the sale price of the property. After the time has passed for any creditors to file a claim against the estate, the executor must provide an accounting of all he has done with the estate assets and distribute in accordance with the terms of the Will.
If you are not named in the Will, and you have no property interest in any of the assets she may have owned with your father, then you have no rights in her estate.
Please let me know if I can help you sort this out.
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