Legal Question in Wills and Trusts in Massachusetts

Probate, Trusts Wills and Estates

I am in a family problem regariding my mothers property. She had everything put into a trust in which I am the executor. My siblings are saying that my mother was incompetent and was forced by me to set up the division of her monies because they received a little less than I did. I was also the sole caregiver to my mom and dad and took care of them in my home until they both died.

There has been a discovery deadline for a set of interogattories. That deadline has passed and we are waiting for a pretrial. They have none of their questions answered. Can we file a motion to compel? What is the point of the date for deadline if they are allowed more time to answer their questions....

I live in Massachusetts.


Asked on 9/12/07, 6:03 pm

4 Answers from Attorneys
Alexandra Golden Golden Law Center

Re: Probate, Trusts Wills and Estates

I assume you have a lawyer -- if you don't, then get one. Your lawyer can talk to you about when a motion to compel is appropriate.

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Answered on 9/12/07, 6:25 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Probate, Trusts Wills and Estates

Just to get your terminology correct, one is Trustee of a Trust, and Executor(rix) of an Estate. Perhaps you are the Trustee of your Mother's Trust, or the Executrix of her Estate, or both!

If you have filed a set of interrogatories to the opposing party and they have ignored you, you may file a Motion to Compel with the Court (assuming that your interrogatories were sent properly and within the period of discovery).

You should look to Massachusetts Rule of Civil Procedure 37.

Please feel free to contact me should you require further assistance. I am located in Quincy, MA.

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Answered on 9/12/07, 6:31 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Probate, Trusts Wills and Estates

If the interrogatories remain unanswered, you can and possibly should seek the court's involvement to get sanctions and/or compel answers.

If you need assistance, contact me.

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Answered on 9/12/07, 6:56 pm
Denise Leydon Harvey Harvey Law Offices

Re: Probate, Trusts Wills and Estates

I would need more information to answer this question, particularly the terms of the trust and the will if there was one.

You are obviously already involved in probate litigation. If you do not have an attorney now, I strongly recommend that you retain one. This office has represented many fiduciaries in similar situations.

Please let me know if I can help you.

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Answered on 9/13/07, 10:34 am


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