Legal Question in Wills and Trusts in Massachusetts
probate/estate-paperwork not completed
A house is passed to a child from a parent (the other parent was the spouse and is still lving) via a will and the child is living in the home. The parent died 7 months ago. The 2 children are named as co-executors. One is supposed to fill out the paperwork giving up his right to be co-executor but does not sign the docs. The other son (the heir to the house) also does not fill out the paperwork sent by the lawyer. What happens to the house and in what time frame? Will the son who inherited the house and is currently living in it have to move? The house has no leins or monies owed on it.
1 Answer from Attorneys
Re: probate/estate-paperwork not completed
At some point the Attorney for the Parent will file the Will if he hasn't already. Since neither child has accepted or waived his obligations as Executor, I would assume that the Attorney will ask the Court to appoint an executor.
The appointed executor and attorney will then charge the estate fees to cover their time and expenses, and if no other assets are available to pay them they will file a lien on the house. The child named in the Will will still be entitled to the house. However, the Executors fees and the attorneys fees will have to be paid.
The child inheriting the house certainly should sign the papers. The other child can or can not sign to accept the role of executor. If he/she accepts, they cannot circumvent or inhibit the intent of the Will.
The surviving parent if competent and able could petition to be appointed Executor, if interested, unless the spouse intends to challenge any part of the Will.
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