Legal Question in Wills and Trusts in Massachusetts
Hello. I worked for a lady for 10 years and she told me several years ago that she was leaving me a monetary bequest in her will. She passed away this year, January
2009 and I was notifed both by certified letter and phone call that a bequest
had indeed been made to me by my employer. I was then notified in July that
the executor of the will had been approved and that she would be paying out
bequests in July (last month). I have not heard or received anything and inquires
made to my employer's attorney have gone unanswered. There is a lot of backstory
to this and I have some reason to believe the executor of the will could be trying to
keep my inheritance from me. I am uncomfortable continuing to ask for my inheritance, do not want to appear mercenary but also do not want to let this
executor possibly get away with cheating me out of what my employer left me.
What can/should I do?
2 Answers from Attorneys
The executor is accountable to the Court for her actions, and the Court records are public so her opportunities to cheat you out of anything are probably limited. Generally, an estate cannot be fully distributed until 1 year has passed since the date of death since creditors have a year to come forward. It may be that there are sufficient funds in the estate and the executor feels comfortable making some distributions before that.
The attorney assisting her with the case should give you an update, even if the answer is "we are still waiting for XYZ and it will be a few more weeks", or whatever the reason.
You have the right to check with the Court that the will is being probated in (there was probably a docket number on the letter they sent you) otherwise I would send another letter to the attorney and the executor requesting an update on the status. It may be that they realized they couldn't begin distributing funds at this time because there were additional last bills to pay.
Good luck.
A copy of the will is on file at the probate court for the decedent's county. Any executor will be responsible for paying the bequests, in order, and filing an accounting with the court. Most estates cannot distribute money until al cliams against the estate are closed and they are assured of sufficient means to make the payments (IRS, Massachusetts DOR, utilities, funeral expenses, outstanding credit cards and loans, mortgages, etc.).
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