Legal Question in Wills and Trusts in Massachusetts
Executor of Estate
My cousin died ver two years ago. My mother, and two other aunts were the only suriving family members. One of my aunts sons was named exector or the estate as my cousin did not have any will, we think. My cousin who was the exector is someone my sister and I did not trust, but my mother did not want to cause any problems. There was some papers signed by my mother, and everthingwas fine. My motherended up going into the hospital, and could not sign anypaperwork. My sister was named POA., bu therewas one more paper that needed to be signed by my mother, My aunt signed my mothers nme, and her son the exector signed as the witness, what legal recourse do we have, as I think he has taken a lot more from this estate, and has never provided an inventory.
2 Answers from Attorneys
Re: Executor of Estate
Youo don't mention what document your aunt signed on your mother's behalf, so it's not possible to know whether or not it's a "no harm, no foul" situation.
As to the rest -- have you requested a copy of the file from the court? Under Massachusetts law, the inventory must be filed with the court, but there is no requirement that it be automatically sent to the heirs. Have you written (not just spoke to) your cousin to request information? If you have not, start by sending a letter by certified mail requesting copies of all documents and an accounting to be delivered to you within a reasonable time -- say, thirty days. At the same time, schedule an appointment with a probate attorney.
Please feel free to contact me if I can be of assistance.
Re: Executor of Estate
My condolences on your cousin's death. An attorney should be retained to examine the estate of your cousin to detrmine if your Mother obtained al she was entitled to receive from the estate.
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