Legal Question in Wills and Trusts in Massachusetts

Theft of Estate

My ex died intestate. We had shared

legal and physical custody of both

children. I understand my children are

legal heirs at will. The vindictive ex in-

laws have sold most assets and

removed the rest from the estate. I own

the home, but the divorce decree

provides a third equity pay-off if sold

under certain terms (death not one of

them). What is the process of

reclaiming all assets and at what value

would they be held (ex. auto has

depreciated over 7 months)?


Asked on 1/19/07, 11:16 pm

2 Answers from Attorneys

Alexandra Golden Golden Law Center

Re: Theft of Estate

More facts are needed here: Were your in-laws appointed as administrators of the estate? If so, did they notify the court that there were minor heirs? Did your children receive proper notice? Have you filed an appearance on behalf of your children? Has an accounting been filed? Has a guardian ad litem been appointed on the children's behalf?

Unfortunately, this kind of case is likely to be messy -- at a minimum you want to demand an accounting and quite likely, a petition to remove the administrators and replace them with a neutral party. I would be pleased to speak with you on this matter at greater length.

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Answered on 1/19/07, 11:34 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Theft of Estate

I assume that you are talking about your ex-husband.

Under intestacy, your children are eligible.

If your ex-inlaws have sold off the assets after his death, and no probate action has or was filed, then you can force the matter in the Probate Court.

You have some leverage since you apparently hold an asset of the estate.

One of the factors you will have to weigh or should weigh is the cost/benefit of doing or not doing anything about this mess.

Your best bet is noting all the assets that may have been part of your ex's estate, and then consulting an attorney to determine your options.

If you need assistance or have other questions, you can contact me.

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Answered on 1/20/07, 1:54 am


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