Mom making no move to settle estate

[fridaymourning]

What is the name of your state?What is the name of your state?Massachusetts

Help!

My father died in Oct. 04. He said he had a will leaving everything to my mom but I've not seen it. She says she found it but refuses to show it to anyone. She has not filed a will or done anything with the estate, ignoring life insurance, stocks, etc. (She did meet with Social Security and now gets a larger check.) When dad's creditors call she tells them: "He's not home now."

She refuses my help because I told her she must tell the truth about the foreign real estate my dad owns. She wants to pretend it doesn't exist for purposes of the estate. She has very little cash to ensure a safe and comfortable old age. She won't sell any of her valuable foreign property because my brother (who lives in one of the properties) told her "it will only go up in value." He's been zero help. (She's 80...he's just hoping to inherit it all from her.)

This is so nuts. Can I petition to be named executor/administrator and/or force her to produce the will? As the only child living near her everything lands on me sooner or later anyway, financially and otherwise.

 

[I AM ALWAYS LIABLE]

What is the name of your state?What is the name of your state?Massachusetts

Help!

My father died in Oct. 04. He said he had a will leaving everything to my mom but I've not seen it. She says she found it but refuses to show it to anyone. She has not filed a will or done anything with the estate, ignoring life insurance, stocks, etc. (She did meet with Social Security and now gets a larger check.) When dad's creditors call she tells them: "He's not home now."

She refuses my help because I told her she must tell the truth about the foreign real estate my dad owns. She wants to pretend it doesn't exist for purposes of the estate. She has very little cash to ensure a safe and comfortable old age. She won't sell any of her valuable foreign property because my brother (who lives in one of the properties) told her "it will only go up in value." He's been zero help. (She's 80...he's just hoping to inherit it all from her.)

This is so nuts. Can I petition to be named executor/administrator and/or force her to produce the will? As the only child living near her everything lands on me sooner or later anyway, financially and otherwise.

My response:

Sure you can. You don't need Mom to do this. You're an interested party to the Estate, and are entitled to your share of Dad's estate. So, if Mom refuses, take the bull by the horns, hire your own attorney, file your own Petition for Probate, and have yourself appointed as the Administrator of the Estate.

IAAL

 

[seniorjudge]

Q: Can I petition to be named executor/administrator and/or force her to produce the will?

A: Yes.