Legal Question in Wills and Trusts in Massachusetts
My maternal grandmother passed away in June, 2013. My Uncle, the Executor opened an estate in July 2013. In her will my grandmother left me my deceased mother's portion of her estate, I will receive roughly $5000.00. My Uncle did nothing after he opened the estate until July of 2014, when he listed her home for sale, it sold in September and closed in October of 2014. The heirs heard nothing from the attorney, first of all shouldn't we have had to sign a "consent to sell real estate"? The heirs heard nothing else until February of 2015, that is how we found out the house sold. Ok, grandma had no debts to pay at all and she had paid her funeral in full in 2009. Ok, so yesterday March 2, 2015 the heirs all receive a Schedule K-1 capital gains tax form dated for 2014. Most of us have already filed our taxes and are going to have to pay an accountant to amend the. Still though, no financial distribution at all. What should we do or expect now. We have all been told by my Uncle, the executor that we are not to call the attorney because it is billable time. Frustrated.
1 Answer from Attorneys
The first thing I would do is demand an accounting of the funds and request a distribution from the estate if you have not received one. You can send the letter to the executor, your uncle and I would send it certified mail return receipt.
I do not think he should have given you a K-1 if he did not make a distribution from the estate. So he has to make the distribution now.
If you do not get a satisfactory answer from your uncle and the money, then contact your own attorney.
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