Legal Question in Wills and Trusts in Massachusetts
Personal Estate Possessions/Access
What legal rights are embodied in the phrase: ''as my agent''?
Example: a son or daughter authorizes a parent divorced from the deceased party-- to help himself/herself to items from the estate of the deceased.
Does this phrase, ''as my agent'' give an ex-spouse the right to enter/rummage through the personal estate items of a deceased (ex-) spouse, just because a daughter authorized it with the phrase,
''as my agent?''
2 Answers from Attorneys
Re: Personal Estate Possessions/Access
Assuming this estate is being Probated, only the executor and his or her agent can inventory and disburse assets with a proper letter of authority from the Court or in accordance with a Will.
I suggest the estate be opened if not already and an Executor be appointed. Please feel free to contact me.
Re: Personal Estate Possessions/Access
Agency is over come by law. If this matter is being probated; the executor or their agent, is the only person who can remove items, subject to their fiduciary duty to the estate, and suject to the reporting and inventory requirements of the law. In other words, it is some what complex. If you wish to discuss this call me.
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