Legal Question in Wills and Trusts in Massachusetts

last will

my 3 brothers and 1sister are to evenly split the proceeds from the sale of my late mothers house.my sister is the executor of the will.i was wondering if (1)can she lower the asking price twice w/o asking us or getting it in writing?and (2)can she pay herself and 2 of my brothers thousands of dollars for time as executor ,and thousands more for the empting of the house where as i asked a dozen times and was told i was not needed


Asked on 9/30/08, 5:25 pm

2 Answers from Attorneys

Gabriel Cheong Infinity Law Group

Re: last will

If your sister was named as executor, then she has the power to make reasonable decisions regarding the sale of the house. In these troubled housing markets, lowering the asking price of homes is not unusual. Many people over-value their property now and that leads to so many homes listed and not sold. You should objectively consider whether the house is worth what you think it's worth and whether your sister and brothers have anything to gain by lowering the sale price of the home.

As for executor fees, if it's written in the will that your sister be compensated for her time as executor, then she has the right to pay herself from the estate. However, if she is the only name executor and she's paying your brothers executor fees, then that might be considered improper.

Before you speak with an attorney or fight over the estate, think about the irreparable harm that you might be doing to your relationship with your siblings if you were to quarrel over what might ultimately be a small amount of money.

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Answered on 9/30/08, 6:41 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: last will

The executor has certain rights and obligations. As to the sale of the house, the will determines if she needs court approval. The value of services rendered has to be reasonable and connected to actions related to the implementation of the will.

If you need help, contact me.

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Answered on 9/30/08, 11:37 pm


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