Legal Question in Wills and Trusts in Massachusetts

What do we do when our brother won't sign the proper papers that appoint my sister executrix to my mother's will?

Asked on 4/13/11, 9:58 am

2 Answers from Attorneys

Michael Gorman Law Offices of Michael D. Gorman, LLC

If brother won't assent to the Executrix, than you're going to have to give notice and possibly publish. This will give brother a deadline in which he can object to the appointing of sister as executrix. Please let me know if you have any further questions or require any assistance.

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Answered on 4/13/11, 10:24 am
Denise Leydon Harvey Harvey Law Offices

Yes, you can go forward at the probate court even without his assent. You can file the petition with the court and you will receive a notice from the court that will include a "return date" - a date by which any objections must be filed. You wil also, as stated by Attorney Gorman, have to publish the notice in a newspaper. If your brother doesn't file an objection by the return date, you can ask the court to appoint your sister at any time after that date. If he does file an objection, you will need to deal with that through trial or settlement.

Please let me know if I can help you in any way. You will be much better off with an attorney if you think there may be a problem from your brother.

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Answered on 4/13/11, 11:22 am

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