Legal Question in Wills and Trusts in Massachusetts

In March of 2007, my parents died within a week of each other, my father passing last. They lived in Massachusetts, owned their own 2-family home, and my wife and I lived (rented) from them. In my father's will, he named as executor my brother, an attorney disbarred in Massachusetts and New York state. The executor, in an effort to raise immediate cash for the estate, evicted us to sell the house; he didn't like the fair market value we offered through a realtor. After the sale of my parents' home, he claimed that he needed to keep $15,000 in escrow.He has not yet filed an accounting and inventory for the estate and is now filing for personal bankruptcy. Do I have any recourse in compelling him to file the accounting and inventory? I'd like to know what happened to the contents of my parent's home, my father's cars (he had to register my brother's car in his name), and the cash from the sale of the home itself.


Asked on 2/21/11, 2:16 pm

3 Answers from Attorneys

Paul Lancia Attorney Paul Lancia

You need a lawyer to help you get this matter unraveled swiftly.

Contact me and I'll help you get this going.

Read more
Answered on 2/21/11, 2:25 pm

You may compel an accounting of the estate. However, if as you are insinuating that your brother took money from the estate and is now declaring bankruptcy you should seek immediate legal help. My office will be happy to help, please feel free to call.

Read more
Answered on 2/22/11, 6:35 am
Denise Leydon Harvey Harvey Law Offices

You should at the least file a petition with the probate court requiring your brother to render an account. I agree with Atty Lancia that you should propbably get legal assistance. This could get very complicated very quickly. Good luck -

Read more
Answered on 2/22/11, 6:36 am


Related Questions & Answers

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