Legal Question in Wills and Trusts in Massachusetts

Our mothers house is being sold and as of right now my sister's are co executors she has asked a contractor to inspect this outside concrete wall and determine if it is structurally sound. Contractor says he will say yes if she and the siblings sign off so he don't get sued

May question is if I was to say OK and sign off can I be liable when it's not iny name. I thought only the executors are legally bound?


Asked on 7/13/16, 9:22 am

1 Answer from Attorneys

Yes. The Contractor is not saying it is structurally sound, he is simply saying he will say it is. This seems to be a fraudulent statement. If you sign you are conspiring to commit fraud.

If the Contractor said in his opinion the structure is sound and wants a hold harmless or indemnity that is something different. If he is asking the beneficiaries to sign-off on the report that is a bit extreme, only the Personal Representatives are empowered to sell or hire consultants and beneficiaries only have a claim against the Personal Representatives (Executors/Executrixes). You can sign a paper that says you waive any claims you may have against him for any errors or omissions.

My problem is that normally structural determinations are made by structural engineers or licensed inspectors WHO ARE QUALIFIED to make structural determinations. If the contractor is not qualified, then there is a problem with the inspection altogether.

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Answered on 7/13/16, 10:04 am


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