Legal Question in Wills and Trusts in Massachusetts

Executrix not following the will terms

I am a close personal friend and confidant of the decedent. I have nothing to gain from the will as I am not an heir, blood relative or named beneficiary. Before the decedents death, she asked two close personal friends including myself, to keep watch on her estate to be sure her wishes were followed as stated in her will and codicil.

Do I have any right to petition the court re: the executrix lack of due diligence and following the terms of the will? thank you.

Asked on 6/02/09, 3:44 pm

2 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper
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Re: Executrix not following the will terms

It depends. If you were given such a power in the will, you may have standing. In the alternative, if there is a beneficiary whom you are trying to protect, they need to assert their own rights. If it is a charity, then you could contact the Attorney General's office.

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6/03/09, 9:41 am
Denise Leydon Harvey Harvey Law Offices
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Re: Executrix not following the will terms

You would not have standing based on your relatioship to the estate as described. You may want to discuss with an heir what your concerns are and whether the heir(s) share the same concerns. If they do, they may take action, starting with asking for clarification from the exectuor. If they are not satisfied or believe the terms of the will are not being followed, they may file an action in probate court to have the executor removed.

Good luck -

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6/02/09, 4:00 pm

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