Legal Question in Wills and Trusts in Massachusetts
Legatee under trust
Dear Sir or Ms:
I worked for a woman and her handicapped son for 10 years,
as companion/caretaker/cook.
The woman died this January and her attorneys have informed me by Return Certified Receipt mail that I am a legatee in her will
A couple (man and wife) have applied to the court to be named executors of her estate and guardians of her son. Her attorneys
tell me that, as a legatee, I am eligible to approve or disapprove legally of this party as executors. If I object to them as executors, I must file with the court before 10 a.m. April 28th. Can you explain why, as a legatee, I have the right to assent or dissent to the parties who have applied to be executors? Also, am I able to challenge them for executorship? The woman in question asked me many, many times over the years to be her son's guardian and executor of her estate and that might even be what is written in the will. I don't know. The couple who have applied for executorship are neighbors who barely knew any of our household and who used what I would label undue influence and co-ercion to wheedle their way into the household at a time when the woman was in the throes of Alzheimer's Disease.
Thank you
3 Answers from Attorneys
Re: Legatee under trust
Thanks for your question. Because you are named as a "legatee" under the will, you have an automatic right to be heard on the question of who should administer the estate. However, you must be able to demonstrate that the couple that has been nominated as executors of the estate would be unable to administer the estate fairly and without self-interest. You would need some fairly concrete evidence to demonstrate that they attempted to use undue influence to get into the house. The evidence is better off coming from persons other than yourself. If other legatees agree that these people should not administer the estate, you might be well served by joining together to oppose their nomination. In any event, the deadlines are firm and you should be mindful of them. Please contact me if you wish to discuss this matter in greater detail and see my blog on trust and estate litigation at www.lawfang.com.
Re: Legatee under trust
Any person who is a legatee or beneficiary under a Will has the right to object to any one seeking to be executor of the estate. As to being the child's guardian, family or the Will should speak to your former client's wishes. If you believe they exerted undue influence on her, then you should act and act quickly.
One thing: Who is looking after the child at the moment?
Who would the child want as their guardian?
I suggest you contact an attorney immediately if you want to object to the appointment.
Re: Legatee under trust
It sounds like you need to find yourself an elder law attorney who does litigation. There are not many of them, if you contact me I can give you a few names. You need to do this ASAP so that you can properly object to the "Allowance of the Will" before the 28th. You want to object to the Will to be in the position to explain to the Court why these people are not the appropriate choice for executor, but most importantly, as guardian for the son.
You should not use just any litigator, but do use someone who specfically is an elder law attorney, so that the son's special needs can be addressed. Only elder law attorneys specialize in the laws necessary to protect disabled persons.
Good luck.
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