Legal Question in Wills and Trusts in Massachusetts
mother's will
My mother died last August.The executor of the will, is my stepfather. She stated that my brother and i each get $15,000.00 the rest goes to him. he refuses to give us the money. Do we have any way of getting our money? He claims he's broke, and some money is tied up in a bank C.D. We know of the C.D., just don't know who the beneficiarys are, or where this cd is being held. We found out, he's planning on moving to Canada in the spring.
2 Answers from Attorneys
Re: mother's will
In order to advise you properly I need more information, a copy of the will, an idea of the property your mother owned and how she owned that property.
From the facts you have given me, it sounds like you have to act quickly before the money is gone.
You should petition the court to require your step father to account for the assets in the estate and you should seek a restraining order on the assets of the estate.
Depending upon the facts you may want to petition the court to remove him as executor and file and action against him personally if he spent the money.
Call if you would like a free consultation regarding this matter. (978) 465-5158
Re: mother's will
On the basis of the data provided, you need to get into court quickly and file action against him as an exexutor or possibly personally. You could ask the court to order him to provide an accounting, and to place a lien on him. I need more information to provide you with more specifics.
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