Legal Question in Wills and Trusts in Massachusetts

Ethical responsibilities towards beneficiaries

I grew up in the Boston area. One of my sister's JM, is the executrix of my late mother's will. She, was granted a life estate in the family home. If she chose ''to reside elsewhere then'' the house is to be sold and the ''proceeds divided among'' the surviving issue. I am one of the beneficiaries.

In July I learnt that the house was on the real estate market for over a month. She had moved out in May while telling me that she still lived in the family home!

Both sisters asked mutual friends and my ex wife and daughter not to tell me that the house was being sold. My daughter told me.

I live in the Republic of Ireland, and I am trying to find out the ethical responsibilities of the executrix towards me. When I e-mailed her and stated that I was aware of what's going on and would take legal action she contacted her attorney and said that I was threatening her.

She then cut off all communication links between my family and her. I do not have the money for a retainer. I am in my final year of law school in Ireland.


Asked on 9/04/04, 2:37 pm

1 Answer from Attorneys

Re: Ethical responsibilities towards beneficiaries

The Executrix of an estate is obligated to honor the terms of the Will. She is obligated to split the proceeds of the sale with you. Dependig upon the terms of the Will, she may be entitled to some fee for acting as executrix.

If your mother had an attorney and he is still in practice you may want to contact him for assistance. If the probate file is not closed, then you can contact the court. Assuming it is closed you will need to take some action and hire an attorney. You may want to contact your other siblings to see if they are taking action to assure that the money is properly disbursed.

I hope this was helpful.

Read more
Answered on 9/05/04, 10:44 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Massachusetts