Legal Question in Wills and Trusts in Massachusetts

my mom passed away without a will, there is money in a mass mutal account around 38,000. My brother hired a lawyer and is trying to make only himself the administrator. Four siblings we wanted two to be administrators he won't go for it. We do not trust him. He has conceeded to of having a one signiture checkbook to pay any depts she had which should be none. He got rid of everything she had when she was alive. Is it okay to go with him as administrator and my sister single signer of cheekbook. She had a trust that was divided to the for siblings. this is all we think is out there.


Asked on 1/02/12, 8:45 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

I'm sorry to hear about your mother's passing.

If your mother passed away without a will, that is referred to as 'intestate'. Any one of you has the right to petition the court for appointment as administrator. You don't need your brother's lawyer's permission. You don't mention anything in your post that sounds improper or illegal.

If you want access to information and documents (like a trust instrument) you will have to ask for it. If you do not trust your brother, you should consider hiring your own attorney.

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Answered on 1/03/12, 5:30 am


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