Legal Question in Wills and Trusts in Massachusetts
in my parents will the real estate was to be sold and proceeds divided equally among living children
my sister and brother arbitrarily made improvements to the property to the tune of 30,000 without asking any of the rest of us. the house is going on the market as a fixer upper. they expect that they will get paid from the proceed then the balance will be divided equally. In Massachusetts is this legal?
2 Answers from Attorneys
If either your brother or sister are Executors they have the authority to make repairs they deem necessary to get the property sold. Even if it is a fixer upper if there were structural problems that needed to be done, then they were not wrong to do it.
However, the Executor has the right to make repairs to the property if he deems it appropriate. You can challenge the necessity and propriety of the amount spent and how it was spent when they file their accounting.
Jonathan Roth is correct in his outline. You need to review if they were given the powers of the executors and the level of authority granted to them as outlined in the will, trust or by the court and this determines whether they had exceeded their authority
Maurice LaRiviere Jr
200 Merrimack Street, suite 202D
Haverhill, Ma 01830
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