Legal Question in Wills and Trusts in Massachusetts

Re: Estate

If you do not want her to be the executor of your father's estate, you can pick one of yourselves or in the alternative have the four of you agree on an independent person.

The court absent agreement of the parties can select someone from the four of you or pick an independent person.

It would be the least expensive if the four of you could agree on one person.

Please feel free to contact me if you have additional questions.

Re: Estate

If your father died without a valid will, Massachusetts law dictates both the division of the assets which must pass through probate (the property that belonged only to your father and did not name a beneficiary or a joint owner). The law also says who is put in charge of administering the estate. This is called the Law of Intestacy. The person in charge of an intestate estate is called an "administrator."

Because your father was survived by his wife, after payment of all the expenses, 50% of the assets that were solely his and must pass through probate go to his wife, and the other 50% are divided between the three children.

General Law Chapter 193, Section 1 determines the priority of who may apply to be administrator. Unless she decides that she does not want the job or you can convince the court why your stepmother should not be trusted with managing the estate, the law says that she has the right to ask to be named the administrator.

I certainly agree with Attorney Roth's suggestion that it's better and less expensive for everyone to put aside your differences if you can. This is also a good example about why people should have a will in place.

Please feel free to contact me if I can be of assistance.

Re: Estate

I am sorry for your loss.

Since you stated that your Father died without a Will, the probate property that belonged only to your Father and did not name a beneficiary or a joint owner, by the law of intestate succession, passes

50% to his wife, and the other 50% is to be divided among his children.

Any heir has the right to Petition the Probate Court to be named the Administrator, but the surviving spouse will be favored unless there is good reason otherwise.

It would be less expensive for you and your siblings to retain one attorney to represent your interests in the Administration of your Father's estate, as whomever is appointed Administrator must file an inventory and accountings that must be approved by all heirs before they can be allowed by the Court.