Legal Question in Wills and Trusts in Massachusetts

REVISED to add important Will information:

I was caretaker for my mom for 6 years and moved home to help her every day and night. My sister is executor of the will - appointed 11 yrs ago when my dad died for no reason except she is eldest. She lives in New York and my mom lived in Boston, MA. She rarely was there to see her. Now she is bullying and hostile regarding my leaving although previously I was told I could stay through winter. The will splits everything 3 ways (3 sisters) I have Fibromyalgia and other health problems and need to get corticosteroid shots next week so I can walk and move (degenerative disc) (blizzard tomorrow). I let her lawyer in with realtors and he said to me he will call to have my stuff thrown out March 1st by calling a junk service to take my things. Can he do that? How do I stop him from the bullying? My sister in NY has 2 homes, one in the Hamptons, 3 cars, my other sister has a large home and is ok financially> Both have families. I was told by older sister's lawyer that they have NOTHING as he yelled it while I have had use of my mom's home and 20 yr old car (which I have driven my mom in all the time, pay insurance on, repairs and gas) and I basically have no funds as I was caretaker here and resident. Not sure if he can come here and throw out my possessions or throw me out? Thank you. My intention is to move when the weather gets a bit warmer after winter and put my stuff in storage after my pain management shots. Thank you.


Asked on 2/23/13, 5:45 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Based on your revised information, you are 1/3 owner of the home, subject to any other instructions in the will, such as instructions that the executor sell the property and divide the proceeds, etc. The house may need to be sold, or it is possible that one sister could purchase the interest of the other two sisters. It sounds like you may need an attorney either way because you are not being treated respectfully. Our office practices in the area of probate administration and also handles property disputes such as partitions and evictions.

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Answered on 2/24/13, 4:45 am


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