Legal Question in Wills and Trusts in Massachusetts
My sister-in-law died 3 years ago. Her lawyer is also the executrix of the estate. There are 4 heirs (a niece, a nephew and 2 grandchildren). All heirs are of legal age. Because there are real estate holdings to be sold in order to divide the estate fairly among the heirs there has been no settlement to any of them at this time.
There has also been no accountability from the lawyer/executrix as to the legal fees and expenses that have been (and continue to be) charged against the estate. The estate and the lawyer are in MA. The heirs are in 3 different states. Can the heirs request an itemized documentation of any fees and expenses that are being charged to the estate? If so, what is the best way to go about this? Would it be beneficial for at least one of the heirs to request a meeting with the lawyer to get an accurate accounting of exactly what the estate now includes?
2 Answers from Attorneys
The heirs could retain a Massachusetts attorney to demand annual accountings from the estate attorney. Good Luck!
Massachusetts General Laws, Chapter 206, Section 1 requires an executor to render an annual account, which itemizes the income, expenses and balance remaining. However, this requirement is often ignored and many executors only file a "first and final account" when the estate is completed. I would start with a friendly request to the executor for an informal accounting. If she doesn't comply, you or your lawyer should make a more formal demand under that statute. If that doesn't work, your lawyer can file a motion to compel the accounting and, if necessary, can even ask the court to remove the executor and appoint someone else.
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