Executrix can't be trusted

[civilian63]

Massachusetts.

My father in law passed away last december. he had appointed his oldest daughter to be the executrix for his will. Before he even had died, she had started to do some very unethical stuff to her brother and sister ( my wife). My brother in law and wife found out about some of they stuff she did and was doing behind thier backs, and filed a motion with thier lawyer to have thier signatures pulled giving her authority to be the executrix of the will. It's coming up to a year since he has passed, and nothing has been done.
The question we have is if it goes to probate, and the stuff that she has done be proven to the court, can the court remove her and assign either my BIL or my wife, of both, to be the executor of the will?

We're just starting to move closer to going to court, and are trying to find some answers on what to look forward to.
thanks

 

[anteater]

Where things stand is unclear. Has probate been opened and the sister appointed by the court?

...and filed a motion with thier lawyer to have thier signatures pulled giving her authority to be the executrix of the will.

This certainly implies that the sister was appointed. What happened with the motion?

The question we have is if it goes to probate, and the stuff that she has done be proven to the court, can the court remove her and assign either my BIL or my wife, of both, to be the executor of the will?

Sure. Co-adminstrators is often not the best idea. Unwieldy and subject to conflict.

 

[Dandy Don]

This is a matter you should be discussing with your attorney. If you have grounds/evidence to disqualify her as executor, that is a separate matter that needs to be resolved before probate goes forward.

 

[civilian63]

So she would have to be removed as the executrix before it goes to probate court? If the court appointed my BIL, would it still have to go to probate then?

 

[anteater]

So she would have to be removed as the executrix before it goes to probate court? If the court appointed my BIL, would it still have to go to probate then?

Hold on a minute. I think that you have some misconceptions.

A will can nominate someone to administer (called different things in different states - executor, personal representative, etc.) the deceased's estate. That means nothing until the will is submitted to the probate court, the nominated person applies to the court to be appointed as the administrator, and the court grants what are usually called letters testamentary to that person. Until the court grants those letters, that person has no legal authority to act on behalf of the estate. Those with objections to the appointment can make them at that time. (And, of course, can also petition the court to remove the executor down the road if the appointed executor misbehaves.)

So, keeping that in mind, where do things stand exactly? And exactly what kind of a motion did this lawyer make and when?

 

[civilian63]

This is all new to us, so i'm sorry if I don't have the answers. All I know is the paperwork was filed by our attourney to have thier signatures removed that granted her the executrics of the will.

Our lawyer is the one my FIL always used all along. My SIL ( I even hate saying that) hired this other lady lawyer 3 months before my FIL died, and my wife and BIL didn't even know about it until after he passed.

We just can't trust her to be in control of everything after the stuff she has done.

 

[anteater]

Some suggestions:

1) Your wife and/or BIL should call your attorney and ask, 'What exacctly did we sign?" (It could be that it was a waiver agreeing to allow SIL to serve as executor rather than "to have thier signatures removed that granted her the executrics of the will.")

2) One of you go to the county courthouse where probate is taking place and ask to view the file.

3) Call your attorney and ask about removing the SIL. If probate has been opened and nothing has been done in a year, the court may be sympathetic to removing SIL, whether she has committed malfeasance or not.

4) If you want to see how thngs are supposed to be handled, here is a link to the MA statutes:
M.G.L. - Part 2 - Table of Contents

The chapters beginning with 190.

 

[civilian63]

anteater,

Thank you for your help. I will definately take a look at the URL you podted to try and get more info.
thanks again.