What to do if the executor of an Will maintains that there is no money left in the estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if the executor of an Will maintains that there is no money left in the estate?
My brother-in-law is the executer of my mother-in-law’s Will; each sibling was intuited to approximately $20,000. She passed a year ago. The siblings are being told the executer has signed all of the money over in legal fees and they will get nothing. Is this possible?
Asked on April 26, 2015 under Estate Planning, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It is possible, if the estate had substantial legitimate debts, including legal fees. But if you believe this is not what happened and that rather, the brother-in-law misappropriated or squandered the money, the siblings could bring a legal action in probate court seeking an accounting of the estate and your brother-in-law's management of it. If he did misappropriate, waste, etc. the money, the siblings may be able to get compensation from the brother-in-law, since as an executor, he is a fiduciary and has an obligation/duty to the beneficiaries. Speak with an attorney who handles probate work to find out more about the mechanics (and cost) of doing this.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.