Legal Question in Wills and Trusts in Massachusetts

Probate, contesting will
Our mother recently died, leaving her home deeded to myself and one sister (by deed dated 2 years prior to her death). The remainder of her estate was left, by her will dated 3 years before her death, in various proportions to me (1/4), my sister (1/4), and 4 other siblings (1/8 each). Due to living costs, medical costs, nursing home, etc., our mother's estate was at practically $0 at the time of her death.
My sister and I were name Executor and Alternate Executor in our mother's will. We both declined, as we were advised that no probate was necessary for an estate without assets. Subsequently, our older brother (and on behalf of the other siblings) filed a motion to be appointed Administrator of the estate. My sister and I, through counsel, have filed objections and a Pre-Trial conference is scheduled. Our brother's petition has not yet been rule on, i.e., he has not officially been appointed Administrator.
Yesterday, my brother, as Petitioner, served interrogatories on both myself and my sister.
QUESTION: Is our brother acting prematurely, and without authority, in propounding discovery before he has been appointed Administrator?

Thank you!

Asked on 1/18/08, 10:28 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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: Probate, contesting will

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Answered on 1/18/08, 2:19 pm

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