Distribution of Assets

[on_the_outside]

What is the name of your state?Massachusetts
My mother recently passed away and, to the best of our knowledge, left a will designating her 6 children as beneficiaries. We recently received a distribution from an IRA account that we were each listed on, however, we are certain there were several other assets that our sister, POA and executor has deliberately withheld from 4 of us on the basis that we "have not been around". Since we were not legally notified about the will, we are assuming that it was not filed for probate. My question is, do we have a right to request a copy of the will and the accounting of the distribution of funds? Is our sister legally bound to file the will for probate? If not, can we request that the will be filed? Does my sister, as POA and executor have the legal right to go against my mothers wishes by selectively disbuting her assets to only 2 of the 6 beneficiaries? Thanks in advance for any assistance.

 

[seniorjudge]

What is the name of your state?Massachusetts
My mother recently passed away and, to the best of our knowledge, left a will designating her 6 children as beneficiaries. We recently received a distribution from an IRA account that we were each listed on, however, we are certain there were several other assets that our sister, POA and executor has deliberately withheld from 4 of us on the basis that we "have not been around". Since we were not legally notified about the will, we are assuming that it was not filed for probate. My question is, do we have a right to request a copy of the will and the accounting of the distribution of funds? Is our sister legally bound to file the will for probate? If not, can we request that the will be filed? Does my sister, as POA and executor have the legal right to go against my mothers wishes by selectively disbuting her assets to only 2 of the 6 beneficiaries? Thanks in advance for any assistance.

Q: My question is, do we have a right to request a copy of the will and the accounting of the distribution of funds?

A: Yes.


Q: Is our sister legally bound to file the will for probate?

A: If she is the named executor and there are assets, yes.


Q: If not, can we request that the will be filed?

A: Yes, you can request that a probate be opened since you are a putative heir (legalese for "I hope I get some dough").


Q: Does my sister, as POA and executor have the legal right to go against my mothers wishes by selectively disbuting her assets to only 2 of the 6 beneficiaries?

A: Once your mother passed, the POA expired as well. Sis must distribute according to the will OR, if there was no will, by the intestate succession statutes in your state.


http://www.finance.cch.com/pops/c50s10d190_MA.asp

 

[on_the_outside]

Thank you.

Thank you very much for your quick response. I appreciate your help.