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Mother died, no will, I have a minor sister and I am 29

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Pwnotron

Junior Member
What is the name of your state? Mass.


My mother passed away and she did not have a will. There is no disagreement as to how everything will be divided amone me 29, my sister Jenn (20) and my sister Jeana (17). We are going to split everything 3 ways since she was not married and was the sole owner of every house and the only name on any bank accounts.

The problem is I talked to a friend of mine who is a paralegal in boston and he informed me that since there was no will naming an executor of the estate that when we go to court to set it up so we can sell the houses and split the accounts that the court will appoint someone to be council for Jeana (the 17 year old). My sisters have since moved in with our dad, who had joint custody with my mother. He said the lawyer will get a %, that seems wrong since the estate is worth a lot of money. Why should the lawyer get a % when he should just get a flat rate? splitting it three ways is clearly fair to all involved and should be easily accepted by the judge or courts or whoever makes the decision.

please tell me if my friend is right or not because if he is we will just not file the motion until Jeana is 18.
 


BelizeBreeze

Senior Member
Pwnotron said:
What is the name of your state? Mass.


My mother passed away and she did not have a will. There is no disagreement as to how everything will be divided amone me 29, my sister Jenn (20) and my sister Jeana (17). We are going to split everything 3 ways since she was not married and was the sole owner of every house and the only name on any bank accounts.

The problem is I talked to a friend of mine who is a paralegal in boston and he informed me that since there was no will naming an executor of the estate that when we go to court to set it up so we can sell the houses and split the accounts that the court will appoint someone to be council for Jeana (the 17 year old). My sisters have since moved in with our dad, who had joint custody with my mother. He said the lawyer will get a %, that seems wrong since the estate is worth a lot of money. Why should the lawyer get a % when he should just get a flat rate? splitting it three ways is clearly fair to all involved and should be easily accepted by the judge or courts or whoever makes the decision.

please tell me if my friend is right or not because if he is we will just not file the motion until Jeana is 18.
Your dad is not telling you clearly what he meant. The PROBATE ATTORNEY or Executor of the estate is, by statute, paid a fee for their duties. It seems you have never been involved with probate so get ready. The executor's duties are stipulated by law and an estate worth a lot of money could take years to probate correctly.

THAT is why the statutes allow for a percentage of the estate to pay for performing these duties.

The guardian ad litem is paid a fee for representing your sister since she is a minor. That is NOT the same.
 

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