Legal Question in Wills and Trusts in Massachusetts
responsibilities of executor
Hello, My mother passed away a year ago this weekend.
my brother the oldest of six was named executor.
none of the sibling's gets along with one another.
I just found out that the house my mother owned ( dad passed 2 yrs ago ) was sold and every one but me was given there share from the sale. I was never notified that the house was being sold or of the will. what are the legalities
of him having to tell me about this? I only found out because my wife called him to tell him we were going to visit her grave this weekend and ask if they wanted to get together. ( none of us have spoken since her death ) he told me at the funeral that it would be a year or more before he could do anything ( sell) the house. he told my wife that the house was sold in Aug 2004. and he did not know my address to send the money. ( It is not hard to find me )
he said he would send the check to me tomorrow. ( I have no intention of cashing the check if it is sent, until I find out what went on. what are his responsibilities in finding me/or telling me whats going on? and is there not supposed to be a reading of the will? where all parties are present?
and if any what are my recourses? thank you so much for any advice I really do appreciate it.
3 Answers from Attorneys
Re: responsibilities of executor
You can request a copy of the will and of all documents to include the inventory and any accounts filed with the Probate Court. Or check the docket of the Probate Court where you can review what is on file there.
Re: responsibilities of executor
Check with the Probate Court to see if your mother's estate was probated. The file should include an accounting and schedule of assets. Depending on the circumstances, there may also be a copy of the deed and a license to sell.
Go to the Registry of Deeds in the county where the property is located and do "run down" of the property. You will see your mother's deed and surviorship rights, if any. If the propety was sold, you can see who was the Buyer, Seller and the purchase price. You may also contact the closing attorney for a copy of the HUD closing statement.
Matters regarding whether there was a breach of the fiduciary duty can be determined with this information.
Re: responsibilities of executor
If your brother was named executor under your mother's will then he has some very specific duties and responsibilities to you. Your first step is to check with the probate court in the county where your mother lived to see if your brother has filed a probate petition and what steps have been taken since then.
It will be most practicaL for you to go to the court rather than to try to obtain the information by telephone.
At that point, you should consider speaking with an attorney who can explain the documents that were filed with the court to you and who can explain your rights under your mother's will.
If no probate documents have been filed, then you definitely should consult an attorney before you take any further action.
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