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Executor problems - Please Help

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edaley

Junior Member
What is the name of your state (MA)?

My brother is the executor of my mother’s estate and he is keeping two of the beneficiaries in the dark about anything that has to do with our mother's estate. My mother just pasted away at the end of August but his behavior has lacked any transparency when it comes to dealing with my mother’s estate for years. He is also power of attorney.

He has also put his son in my mother's house and he is not making him pay any rent without asking my sister and myself. And he did this when my mother was still alive at the beginning of August and on Medicaid.
My brother has for been trying to get his son to live in the house for the past year and a half much to the protest of my self and one other sibling. As my mother was on Medicaid and we were told by the elder care lawyer that it was against the law not to collect 'fair market' rent on my mother's property and could jeopardize my mother’s care as well as it could be considered as self serving on his part.

My mother's house has been on the real estate market for over a year and I contacted the real estate broker last week who is also a friend of my brother as I have not heard anything over the past many months about the progress of my mother’s house.
I believe but can not prove that my brother did not want to sell my mother’s house as it would have made my mother a private pay patient and it would have cost more for her care.
I have been busy taking care of my mother and have stayed out of the house situation for a while until last week when I contacted the real estate broker to find out what kind of activity my mother’s house has seen and asking about what other things needed to get done at her property to make it move.

I received a rather cutting email from my brother today about my being in contact with the real estate broker. He acted like I had not right to talk to the broker and that he, my brother, has it all under control, his words.
My brother also failed to present a copy of the final expenses from the funeral director which I had asked him for and just said that it was taken care of and I have no need to follow up. I did call the funeral home today asking for a copy of the bill.

My questions are.

1. Is my brother not required to keep all of the heirs /beneficiaries informed? (He is in communication with only one other sibling that seems to be scheming with him, my words)
2. Is it not in the best interest of the estate for my brother to charge his son rent. Can he not charge him?
3. It has been said by the other sibling whom he speaks to that he wants the house for his son and he is trying to get a low ball appraisal, remove the real estate agent when his contract ends at the end of the month in order to get the low price.
4. Do I and my sister have any rights as heirs / beneficiaries here to make sure that things are fair, honest and above board?
 
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anteater

Senior Member
My brother is the executor of my mother’s estate... My mother just pasted away at the end of August...
First things... Has the will, if any, been submitted to the court, probate been opened, and brother been appointed by the court to administer the estate?

He is also power of attorney.
Not any longer, he isn't.
 

edaley

Junior Member
"First things... Has the will, if any, been submitted to the court, probate been opened, and brother been appointed by the court to administer the estate?"

As far as I know, he paid the lawyer some $$ to get the probate process started as my mother had a will. I don't have anymore details as yet.

Thanks.
 

anteater

Senior Member
Here's the thing... If your brother is appointed, it is his show to run. He will probably file for informal probate. Here is what MA law says:

Section 3-306. [Informal Probate; Notice Requirements.]

(a) The petitioner shall give written notice seven days prior to petitioning for informal probate or appointment by delivery or by mail: (1) to all heirs and devisees; (2) to any person having a prior or equal right to appointment not waived in writing and filed with the court; and (3) to any personal representative of the decedent whose appointment has not been terminated. The notice shall be delivered or sent by ordinary mail to each of the heirs and devisees. A certificate that such notice has been given, setting forth the names and addresses of those to whom notice has been given shall be prima facie evidence thereof. No other prior notice of an informal probate or appointment proceeding is required.

(b) The petitioner shall publish a notice once in a newspaper designated by the register of probate having general circulation in the county where the proceeding is pending, the publication of which is to be not more than thirty days after informal probate or appointment. The court or magistrate for good cause shown may provide for a different method or time of giving notice.

(c) The notice shall include the name and address of the petitioner and personal representative, indicate that it is provided to persons who have or may have some interest in the estate being administered, indicate whether bond with or without surety will be filed, and describe the court where papers relating to the estate are on file. The notice shall state that the estate is being administered under informal procedure by the personal representative under the Massachusetts uniform probate code without supervision by the court, that inventory and accounts are not required to be filed with the court, but that interested parties are entitled to notice regarding the administration from the personal representative and can petition the court in any matter relating to the estate, including distribution of assets and expenses of administration. The notice shall state that interested parties are entitled to petition the court to institute formal proceedings and to obtain orders terminating or restricting the powers of personal representatives appointed under informal procedure.
**************...
If you think that he is going to play fast and loose, you might as well obtain your own attorney now.

But what is the market value of the house and how much did Medicaid spend on your mother's health care? I would think that the MA agency administering Medicaid will want to be re-paid through the estate recovery process.
 

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