Legal Question in Wills and Trusts in Massachusetts

Does the personal representative have the right to withhold documentation to heirs and demand that all checks clear before he provides it? (His attorney previously told us this would accompany settlement checks.)


Asked on 6/01/15, 11:51 am

1 Answer from Attorneys

No the Personal Representative has to respond reasonably to a request for documentation,, including in a timely manner. The PR does not have the right to condition any disclosure of information before checks clear. Nor does the PR have the right to withhold information until all parties sign a release to the PR for his or her performance. The PR may not be able to provide all the information until the checks clear but could for instance provide his accounting or a transaction list of the last bank statement with checks that have cleared. The MUPC gives rather extensive rights to information to beneficiaries and creditors of an estate.

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Answered on 6/01/15, 12:00 pm


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