Legal Question in Wills and Trusts in Massachusetts

Re: selecting executor and attorney of will

Your question is not entirely clear. Is one of your siblings seeking appointment as "Administrator" (since there is no will, there is no "Executor") of your mother's estate? Or are they asking the attorney to be the Administrator? These are different questions. The order of preference for appointment of an administrator would be surviving spouse, then next of kin, then "a stranger" e.g., not related by blood or marriage, per G L 193 Section 1. Once the Administrator is appointed, that person can hire an attorney to represent the estate for legal tasks.

If you want to be appointed as administrator, or co-administrator with your siblings if they have petitioned, you can request that of the court, but you need to act before the siblings are appointed. If there are sufficient assets, it might make sense to hire an attorney to protect your interests.

Re: selecting executor and attorney of will

It's entirely legal for the two children to hire anyone they want to start the Petition for Administration of an intestate estate. It's also legal for you to hire an attorney of your choice and have a "race to the courthouse" to file a Petition for Administration first or to prepare and file an objection to their Petition for Administration. (Whether that's a good idea or not is a different matter well beyond the scope of an on-line question.)

Assuming that your siblings file the Petition for Administration, you will receive a notice, called a Citation, which will have a deadline by which you must file your objection to the person nominated to administer the estate.

I strongly encourage you to meet with a probate attorney to discuss your concerns and options as soon as you can.

: selecting executor and attorney of will

Your problem is not so much who your sibs higher, but what is their purpose, and if you feel that you are being left out.

This interplays with the size of the estate.

Should you have any questions, contact me.