Legal Question in Wills and Trusts in Massachusetts

Non-resident executor to Massachusetts estate

I was born and raised in Massachusetts, but now live in Alabama.

My mother recently passed away leaving an estate in Massachusetts. In her will she names me as her executor.

I sent in the forms to probate the will, but they were returned to me with a note saying that I had to appoint an in-state agent.

This may have been a good idea 200 years ago, but with the U.S. Postal Service, telephones and the internet all readily available, not to mention trains, planes and automobiles, this seems like a senseless requirement.

Is there any way to get this requirement waived?

If not, how can I insure that my agent does not act against my wishes or my interest?


Asked on 4/25/05, 3:35 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Non-resident executor to Massachusetts estate

The simple answer is no.

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Answered on 4/25/05, 3:53 pm


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