Legal Question in Wills and Trusts in Massachusetts

Re: Need help with Probate

You need to talk to an attorney and seek to have those living in the home start paying the estate rent and if title has passed to you and the sister, you can file what is called a Petition to partion. They will either have to buy you out or the home will be sold.

Please feel free to contact me without obligation.

Re: Need help with Probate

It is unclear from your question whether there is an attorney involved in probating the estate.

It is also not clear why it has taken four years so far, unless due to delay on the part of your sister.

Generally, you would be entitled to reimbursement from the estate for legal expenses associated with probate process. If you are a co-executor, you could seek to have your legal expenses paid directly from the estate.

There would be much more information necessary for an attorney to determine whether the matter would be appropriate to pursue. Much would be considered confidential and not appropriate for a public forum.

You should contact an experienced probate attorney to determine your options. In many cases, you may be able to have a brief consultation without paying up front, only paying for the consultation after you decide to pursue the matter. If there is a risk that the attorney may not be paid in full, the attorney may require a "risk premium" (either a higher hourly rate or a contingent/percentage fee).

Re: Need help with Probate

Obviously, your sister has no incentive to cooperate -- she's in the house and you're not. Each of you have equal rights to control the estate. Therefore, you're going to have to expect a fight.

You should do your best to find an attorney who will work out an arrangement with you for the fees. You may be able to find an attorney who will agree to wait until the case is settled to take some or all of the fee (probably with interest); but you should be prepared to provide the funds to cover expenses, such as filing fees and a real estate appraiser. Some attorneys will accept credit cards, or you can take a cash advance. You will have a difficult time getting this case through the court without legal help. (BTW -- try to find an attorney who practices within a reasonable distance of the county where the will was probated -- that will keep the attorney's travel costs down.)

Re: Need help with Probate

As co-executor you have the right to see all data related to the estate. If your sister has not provided this to you (and I assume you have asked her for it), you may ask a judge to require her to provide the information to you and/or to have her removed as executor. I am not sure how a friend could say that "there may have been embezzling from the estate." You need to address this directly with your sister immediately, and if you get no satisfaction, go to court to get things done.

Good luck.