Legal Question in Wills and Trusts in Massachusetts

Re: Probate Inventory

Assuming what you have been asked to sign is a general assent that would allow the estate to be probated without further notice to you, your failing to sign it will require the estate attorney to schedule a court hearing for approval of each document to be filed in the estate and give notice to any beneficiary not signing an assent. Unless you either appear personally or through a local attorney at any such hearing(s)to object the documents in question at the hearing they will normally be approved.

If you cannot get satisfactory answers from the estate attorney it is suggested you retain a Massachusetts attorney to advise you.

Re: Probate Inventory

Your appropriate course of action will depend on your relation to the estate.

I notice that you are in Arizona. Depending on your relation to the estate, and your beneficial interest therein, you may want to hire a local attorney to review the estate and any further inventories, accounts, etc., before signing anything.

Unless you are the executor or administrator of the estate, I am not sure why you are being asked to sign the inventory. If you are the executor/administrator, then you should demand an explanation from your attorney - or - find a new attorney.

Re: Probate Inventory

It is unclear from your question whether you actually mean "Inventory" which is usually signed by the Executor (if there is a will) or Administrator (if there is not, or if the Administrator is not named in the will.) If there is property standing solely in the name of the decedent that is not listed on the Inventory, you are right to question it.

However, if property is held in joint title with someone else, or if property is subject to contractual transfer upon death (life insurance, IRA, POD account), it generally will not be listed on the Inventory (but may be listed on the estate tax return if necessary).

On the other hand, beneficiaries are sometimes asked to sign the Accounts, which represent property listed on the Inventory, receipt of income or gain, and expenses and bequests from the estate. If you have questions, you should ask before signing. In the event that there are significant omissions, you may want to hire counsel in Massachusetts to file an objection to the accounts (assuming that it is an amount worth justifying the expense.)