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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23377
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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Barrister< you kindly answered my question about my mother

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Barrister< you kindly answered my question about my mother estate assets about a month ago. I have since tried to contact my brother about dispersion of those assets but he said it was too soon he was waiting for the funeral costs. that was over almost 2 months ago. I have since been unable to get him to answer my calls or text messages. I don't know how/who or where to call in massachusets, she lived in newton, to try to find how how much the estate is worth or where to call with my concern that he has taken the money and run as the saying goes. I have another brother that also is entitled to his share of the assests. The courts had assigned a poa from the state when my mother became incapacitated because I live out of state and my older brother has ms and has health issues because of it. My younger brother who had been living with her all his life, was to say the least an alcohol, so I believe the courts didn't think he was a responsible or reliable person to take on this responsibiltiy. I know this is alot of information, but I need to know if the estate is worth enough to require my taking on an attorney,who can I speak to, to find out the value. I don't have alot of funds for this, unless the estate has enough to pay for it or if I could do it on my own then pay out of my share of the estate. I didn't want to go this route, i had hoped my brother would have been honest hence I have given him 3 months time to carry out the duty of mothers possible debts but I think enough time has passed and that he is not going to give any of it up, or he might even hide from us. help Jackie XXXXX

Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello again,
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Please refresh my memory about whether mother passed in VT or Massachusetts?
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Thanks
Barrister
Customer: replied 1 year ago.

massachusetts

Expert:  Barrister replied 1 year ago.
Thank you. The problem here is that Mass has a 12 month "creditor claims period" from the date of death where any creditor of the estate can file a claim with the executor for payment of a debt owed by the estate. If the executor disburses funds before that period expires, then he can be held personally liable for paying any later creditor claims. So for all practical purposes, most cautious executors won't disburse funds from the estate until this period has expired. .
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So to be very honest, if I were acting as executor, I wouldn't distribute any money to anyone until that time passed because I wouldn't want to be possibly held liable if I distributed the estate assets and a creditor filed a claim at 11.5 months.
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However, the executor only has a 3 month period after being appointed to file an inventory of the estate assets with the probate court. This will list all the assets and debts of the estate along with a net value. This is a public document so you can contact the probate court clerk and request a copy if executor ignores your written request for a copy once he files it.
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Thanks.

Barrister

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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.


Thank you for this information, and I am happy to wait until the wait limit is over. my question is because he is working and has no money coming in, is he allowed to spend any of the money or sell any of her property to use for himself in any way? I would not put it past him to do so and again would not be able to get back for my older brother and I, what he uses/spends.

Customer: replied 1 year ago.


And just for your information my mother was in a nursing home for over 1 year.she had dementia.

Expert:  Barrister replied 1 year ago.
my question is because he is working and has no money coming in, is he allowed to spend any of the money or sell any of her property to use for himself in any way?
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This is a difficult question to answer because the executor has a legal right to be paid for his services. So while he couldn't sell assets and take the money personally, he could sell assets and pay himself for serving in the role of executor. If the will doesn't spell out what he is to be paid, then the law states he is to receive reasonable compensation as determined by the court. So he would have to ask the court to approve anything before he could pay himself.
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Massachusetts General Laws Chapter 206, Section 16:

 

[a]n executor, administrator, guardian, conservator or trustee shall be allowed his reasonable expenses, costs and counsel fees incurred in the execution of his trust, and shall have such compensation for services as the court may allow.

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But as a general rule, an executor wouldn't be paid more than 5% of the estate assets as compensation.
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Thanks.

Barrister

.

.

Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Legal
Satisfied Customers: 23377
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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