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)?
2 Answers from Attorneys
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.
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.