Legal Question in Elder Law in Massachusetts

financial question

My mother has stated that upon her passing her money would be split in half between me and my sister, but in this case, no one but my sister has information about my mothers money, if she were to pass, would it be legally just up to my sister to determine half of what amount? My sister is the only one that has knowledge of the amount of money left, my mother is too afraind to ask her, therefore legally I want to know if she would have to show a court the bank account information, otherwise she could just say there was $5k left when in fact there could be $100k left.


Asked on 6/10/09, 3:31 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: financial question

Your mother should execute a formal Will.

Upon death, a Will must be probated with the Court, and there are procedures that must be followed by any eventual Executor in carrying out the wishes of the deceased.

If your mother is too afraid to ask about her own financial situation, then she should not have given your sister control over her finances. If your mother has executed a Power of Attorney in favor of your sister, she may want to consider revoking it.

Don't hesitate to contact my office should you have any further questions.

Read more
Answered on 6/10/09, 3:35 pm


Related Questions & Answers

More Elder Law questions and answers in Massachusetts