Legal Question in Wills and Trusts in Massachusetts

I am one of seven, my father passed away in may. My youngest sister is the executor of the estate and everyhting was left to her. She wants to share his estate with all of us. Can and should she have the will rewritten to include the rest of us and how soon can she do this.


Asked on 11/06/09, 9:20 am

1 Answer from Attorneys

You should file an objection to the will and have a compromise Will approved by the court. This will avoid such things as gift tax issues for your sister. This should be done with her agreement and could be prepared by one attorney acting for the 6 siblings.

If the amount involved is less than $13,000 per person, there would be no gift tax issue to your sister, so she could just gift you each $13,000 and no gift tax issue would need to be handled.

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

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Answered on 11/11/09, 12:05 pm


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