Legal Question in Wills and Trusts in Massachusetts

remove executor of an estate

My mother in-law passed away 7 months ago. Her attorney is the executor of the will. He has not contacted us for a reading of the will. (We went to his office to get a copy of it.Everything was left to her 3 children) The only step he has taken to settle the estate is to file in probate court for him to be named executor. My mother in-law had a pending law suit that was close to being settled when she died and we have no information on it. We have closed her accounts and notified the appropriate people of her passing which we are now find out that the executor should be doing that. Can we have him removed as executor, if so HOW?

Please help.


Asked on 4/11/02, 4:11 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: remove executor of an estate

You would need to file a petition for removal to remove the executor. This is filed in the Probate Court located in the county where your mother-in-law last resided. As a practical matter, it takes at least 1 year from date of death to distribute the estate. This is due to the fact that creditors have at least this much time to file claims against the estate. After the creditors have been paid, then the remaining estate is distributed to the named beneficiaries. After 1 year, you could file an action against the executor to for payment.

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Answered on 4/11/02, 5:03 pm


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