Legal Question in Wills and Trusts in Massachusetts
Will/Mother deceased
My mother died about 6 weeks ago. My sister is the executor of the estate. My mom had a will and it states all assets should be split between the four children. My sister's name was on my Mom's checking account. She put the life insurance money and the cd's in the joint checking acct. She now claims that she went to see a lawyer and the lawyer told her that she has the right to keep everything and doesn't need to distribute the assets to the other 3 kids. She also wants to keep my mother's car and will not sell it nor buy us out. Is this correct inforamtion?
3 Answers from Attorneys
Re: Will/Mother deceased
Get an attorney. Your sister can't do that. The will controls and you should have it reviewed and the intent behind the joint checking account is relevant to the discussion.
Re: Will/Mother deceased
It sounds like your sister was being a little less than honest... talk to an attorney.
Re: Will/Mother deceased
The terms of the will must be followed. However, one can place assets that fall outside the terms of the will. This includes money placed in bank account which are either in trust or are joint accounts with a right of survivorship. A life insurance policy cannot be placed into a checking account. The life insurance policy will be paid out to the beneficiaries so designated.
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