Legal Question in Wills and Trusts in Massachusetts

Re: Inheritance Questions

It is rare that an attorney is Executor for the estate, but he is obligated to file an accounting with the probate court I have listed some of the items in a probate checklist below:

within 3 months of being appointed Executor:

a. Prepare probate inventory.

b. The estate inventory should be filed by the fiduciary within three months of his or her appointment. G.L. c. 195, � 5. However, there is no sanction for not filing within this period, and the fiduciary may wish to wait until the estate tax information has been assembled before he or she completes and files the inventory in final form.

There are a number of items intervening before the one year period.

ONE YEAR AFTER DEATH

[] Last day for creditors to file claims against estate. G.L. c. 197, � 9 (if decedent died in 1989 or earlier).

[] Pay pecuniary legacies, otherwise interest begins to run at 8 percent unless otherwise provided in will. Interest on bequests under trusts begins to accrue six months after date of death. G.L. c. 197, � 20; SJC Rule 1:14. Obtain accountable receipts. If payment is to be made to minor, consider alternatives, G.L. c. 201A; G.L. c. 206, � 26; G.L. c. 215, � 41A.

You can check the probate court file for an accounting. If one is not on file, you file a Motion requesting one be filed.

You should contact your own attorney, if you are not getting reasonable responses to your inquiry.

Re: Inheritance Questions - UNresponsive Executor!

I agree.

Your first step is to go to the court where the will is being probated. Check the file, and see what documents have been filed. Most important is to see if the will naming you is there, an inventory is filed, and any other documents related to financial matters.

A failure to file any of the relevant documents can be grounds to request the removal of the executor. There are also actions where you can force the executor's hand.

An executor is a fiduciary with a special relationship. An executor is bound by special requirements regarding how he deals with the estate's financial matters. As a lawyer, the executor is also bound by certain responsibilities.

If you are frustrated with the absence of a response, and you believe that a clear and specific response is due, then you must act quickly to make sure that your fears are valid.

BY all means, seek legal advise. Get your lawyer to review the probate file, and get your lawyer to make demands on the executor.

If you want an attorney like that, contact me on Tuesday.