Legal Question in Wills and Trusts in Massachusetts

question

I was the executor of my late mother's estate. There wasn't much money left after everything got paid, approx. 25,000. She died in 1994. The money was primarily for my brother who lived with my mother. I have over the years paid out to him thousands of dollars in cash, in addition to weekly checks. There is not much left now. He has contacted a lawyer and they want to know what is left in ''inventory''. How does one explain the cash outlays? I have to answer this by next week.

Also, there is a petition before the court to remove me as trustee. Can I object to that?

thanks


Asked on 2/14/02, 5:03 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: question

As an executor, you are responsible for making sure that the money of the estate is going to be properly disbursed, and to keep complete records. You should also have closed or probated the estate by now. A failure to keep such records is a problem. In these situations, when it comes to money, a blood relation is no barrier to controversey.

If there was 25K in the estate that went to pay bills, where did the other money come from and go. Do you have records of the expenditures. I believe what is required is probably an accounting. And, yes, someone can petition to remove an executor, and you can certainly object.

If this sounds complicated, you will need a lawyer. SHould you have any questions, you may call me or email me.

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Answered on 2/14/02, 5:47 pm


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