Legal Question in Wills and Trusts in Massachusetts
My mother passed away and my youngest sister appointed herself as executor I also have one other sister and we are all named in the will to share the estate equally.My other sister and I found out by mail that our youngest sister had filed for executor . She is now doing repairs to our mothers home without consulting us. Is this legal and can she inherit the all of the estate?
2 Answers from Attorneys
Sharing in the estate and being appointed executor are two different matters. The executor administers the estate for the benefit of all heirs. I recommend that you go to the Probate Court and examine the file to see what was actually filed. Has she been appointed yet? Was the will valid and proper? Are the heirs properly listed? Do you want to object to your sister being appointed?
You should take a look at the will. A lot of wills have clauses that name the desired executor. If the will does not specify who the executor should be, then yes, people can file to be executor - and yes, you can object to his/her appointment. Doing repairs on a property is standard practice and is usually paid for by the estate, but that's assuming your sister is preparing it for sale to be split among the beneficiaries and not preparing it for herself (that would be another issue). Your sister has to provide an accounting of every penny of the estate that is being spent. Most importantly, NO, your sister cannot inherit differently from what the will says just because she is executor.