Legal Question in Wills and Trusts in Massachusetts

: Probate

The requirement depends on if there are assets that require the court's involvement. Much of what you described by-passes the court's jurisdiction.

As to the trust, that is a separate issue.

One would have to view what assets existed at the time of the death, and what systems existed for their disposal?

Re: Probate

Generally, there is a legal obligation to file a will with the probate court within 30 days of death (and a holder can be compelled by the court to file the will). If there are assets standing in a decedent's name, and no contractual provisions apply (e.g. no beneficiary provision in the contract or agreement for the asset), the only way to transfer those assets legally is via probate of the will. If the executor named in the will refuses to probate the will (i.e. take the steps to have a will which has been filed to be recognized by the probate court as the will of the decedent), another interested party can probate the will and administer the estate according to the terms of the will.

Also, a fiduciary has an obligation to carry out his or her duties to the principal and account to the beneficiaries, and the probate court can, in certain circumstances, force an accounting.

The first question would be, whether the trustee is willing to provide the information requested, because a court would not be necessary if all information is provided.

If the trustee is not cooperating, you will need assistance from an experienced attorney. Please contact me if you need additional assistance.

Re: Probate

Only assets that were in your father's name alone (or are not passed automatically to a beneficiary or what have you) are considered "probate assets." If your father had no probate assets and the distribution of the other asets are in accordance with his will, you may not need to proabte the will. However, it sounds as if you may have issues with your brother and/or how he has handled the assets. Also, because the checking account was owned jointly with your brother, your father's checking acount technically passes to him automatically. If you or your siblings believe that the funds were supposed to be divided among you, you may have a legal issue. You are also entitled to a full accounting of the funds going into and out of the trust.

I recommend that you first discuss the situation with your brother, and if he is not forthcoming or his answers are not satisfactory, then you shold consider retaining an attorney to assist you with this matter.

Please let me know if I can assist you in any way.