Legal Question in Wills and Trusts in Massachusetts

My parents both passed away, leaving my bother as executor of the Will & Trust to divide assets 50/50. After the distribution, he located unclaimed assets of my father & issued a Citation of Petition for Formal Adjudication to get 100% of his findings. Do I need to hire a lawyer to Object this, or does he have a right to 100% since it wasn’t included in the Will?


Asked on 1/24/24, 12:39 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your parents.

Almost always, money found at the state Unclaimed Funds office is paid over to the estate and gets distributed according to the will of the decedent whose name was on the account. But you say there is also a trust involved. A lawyer would have to look at the will and trust and maybe other documents. My guess is there are facts here which your brother and his lawyer knows because they have all of the paperwork, but maybe you don't know. Depending on how much money is involved, you may want to hire a lawyer, or at least ask around and see if someone can give you a free consultation and maybe take their legal fee out of the proceeds of what they can collect.

Good luck.

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Answered on 1/26/24, 6:16 am


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