Legal Question in Wills and Trusts in Massachusetts

My uncle (we will call him Dan) has been deceased for over 3 years now, there was a person in Florida that came forth presenting themselves as an heir. They are the child of my late uncle's ex wife (Dan's eldest brother) by another man (this person's biological father is not anyone in my family) I am a daughter of Dan's other brother (he had 2 brothers). I had been informed that it is the executors job to prove heirs, I was told if I made a request of him to disprove an heir that he had to legally. I had asked this be done in a letter a year and a half ago. My father had passed away 22 months ago & I was told his DNA could disprove their claims & that my fathers DNA would be kept on file for a year (it was my fathers wish this be done). I just spoke with the attorney in charge of the case (there was no will left & my sister had applied for executor & was denied due to this person in Florida's claims) I spoke with the lawyer yesterday & asked what was going on with the estate & was informed there is an offer in on the property it is 3 weeks old...the offer, he does not know if the buyer is going for financing or if it is a cash deal, there is no contract & no deadlines...no time frame at all for anything...he has no answers & never did any DNA test as was requested. He told me "well that is not my job, that is up to you to do!" I told him I was told that he is supposed to do that & he said well I am sorry you were misinformed, not my problem. I told him it would have been nice of him to answer my letter back when it was sent to him a year and a half ago so it could have been resolved before my fathers DNA had been disposed of. Am I at the mercy of this man? There are several people that are stating they are entitled to a piece of the estate when they are not & he has been dragging his feet for over 3 years now & still has no information at all for me & when I call him every time he says "now who are you & where do you fit into the picture?" Then he starts asking me who are the heirs...is it just you & your sister? He says I am so confused as to who is who...I said I really don't understand how you could be so confused as we have sat down with you several times & gone over everything in detail. My sister has been reimbursed for her expenses & her time but I have been denied everything I have asked for even though I live 2 states away & my sister lives across town. It takes me about 2-3 hours to get there (1 way) when I am asked. Before the lawyer was assigned my sister had called me one day to let me know a neighbor had contacted her to let her know that these "cousins" had been over at the property with a locksmith & had the house rekeyed. We also had another issue with a girlfriend of a cousin that had contacted the fire department to tell them that her inhaler or something that she needed was inside of the house & she needed it. I received a call that day as well stating that the back door had been ripped off of the house & the house was not secure. This was another two days of lost wages & several hours on the road which my sister had stated would be reimbursed as she had applied to be executor but later was denied when the person from Florida appeared & contested hence the court appointed this attorney. What to do? By the way if it makes a difference this is taking place in Mass.


Asked on 8/25/10, 11:49 am

1 Answer from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Retain a Massachusetts attorney to represent your interest(s) in the estate. Good Luck!

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Answered on 8/31/10, 2:08 pm


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