Massachuesetts: Executor Must Be Resident?

[dphiker]

What is the name of your state? Massachuesetts

I was asked to be an executor for a sibling of mine. There are three other siblings. When I asked, why me? I was told by the sibling, "The executor of a will processed in the State of Massachuesetts MUST be a Massachuesetts state resident, it's the law" The other siblings live out of state. I tried looking this up but could not find any information. Does anyone know if such a law is on the books in Massachuesetts?

Thanks In Advance,
dphiker

 

[Dandy Don]

Do you honestly have the time to take months off of your job to handle this estate?

 

[I AM ALWAYS LIABLE]

Do you honestly have the time to take months off of your job to handle this estate?

=======================================

My response:

Dandy, did you accidentally respond to this post with an answer that was for someone else?

I don't see where ". . . tak[ing] months off of your job to handle this estate" has anything to do with the price of eggs in China. The sole issue of this post is whether or not, under MA law, that an Executor of a Will must be a MA resident. Simply, the answer is an unequivocal "NO". Our writer's relative is either operating under a mistaken belief of the law, or has some other motivation for saying that to our writer.

What if none of the survivors, including the Executor, lived in MA? What then? Would the Estate go into "Probate Purgatory"? Perhaps, "Estate Hell"?

No, of course not. An Executor's only duties, no matter where that person might live, is to Administer and Probate the Estate pursuant to the laws of the jurisdiction where the death occurred. I wouldn't care if the Executor resided in Alaska, and neither would MA.

Period. End of story.

IAAL

 

[dphiker]

Dandy Don, I'm not sure I understand your reply. If you don't mind, could you be a little more detailed. Thanks...

Regards,
dphiker

 

[I AM ALWAYS LIABLE]

Dandy Don, I'm not sure I understand your reply. If you don't mind, could you be a little more detailed. Thanks...

Regards,
dphiker

My response:

Did you read my response?

I'm not a potted plant, don'tchaknow!

IAAL

 

[Dandy Don]

What's so hard to understand? You live out of state and you want to leave that state to be executor for your sibling in Massachusetts, thus your reason for posting your question on this message board.

 

[I AM ALWAYS LIABLE]

What's so hard to understand? You live out of state and you want to leave that state to be executor for your sibling in Massachusetts, thus your reason for posting your question on this message board.

My response:

Dandy, where in our writer's post does it say that he/she lives in another State? It appears that our writer is a resident of MA, and that's where the Probate action has been filed.

His/her "reason" for posting is whether or not any of the other siblings "could" be the Executor, despite the fact that they reside outside of MA.

Our writer specifically stated, "I was told by the sibling, "The executor of a will processed in the State of Massachuesetts MUST be a Massachuesetts state resident, it's the law" The other siblings live out of state."

Where are you going with your responses, Dandy?

IAAL

 

[Dandy Don]

You are right, as usual. MEA CULPA. I sure don't like to "eat crow"!!

 

[I AM ALWAYS LIABLE]

You are right, as usual. MEA CULPA. I sure don't like to "eat crow"!!

=====================================

My response:

That's okay, Dandy. Sometimes even *I* have "senior moments" and brain farts.

Your contributions are very much appreciated. But, I'll always stay on your butt.

IAAL

 

[dphiker]

I guess I'll make it a more direct question.

Is there a law in the state of Massachuesetts that REQUIRES any will executors to be a residents of the state of Massachuesetts?

Thanks,
dphiker

 

[I AM ALWAYS LIABLE]

My response:

NO! There is NO such law!

Didn't you read my initial response?

Hello? Can you see this response?

IAAL

 

[dphiker]

Thanks...

I don't claim to be the most intelligent person out here but I don't think I'm stupid either. This ws my first post here and maybe I'm not used to the law related "jargon" and "lingo". Maybe I was not reading between the lines well enough. Please try to understand that an average "Joe" like me just needs a simple, straight forward answer to move on. What ever the case, I appreciate you folks taking the time to respond.

dphiker

 

[I AM ALWAYS LIABLE]

Thanks...

I don't claim to be the most intelligent person out here

dphiker

===================================

My response:

Well, "you ain't just whistlin' dixie" with that self-characterization, are you . . .

What about the following didn't you understand?

I said to your original question, which starts off with a "No" - -

"No, of course not. An Executor's only duties, no matter where that person might live, is to Administer and Probate the Estate pursuant to the laws of the jurisdiction where the death occurred. I wouldn't care if the Executor resided in Alaska, and neither would MA."

I apologize if that wasn't clear.


IAAL

 

[Dandy Don]

You may be able to research this on your own if you can get a link to Massachusetts law through www.findlaw.com

Otherwise, you should be asking this question directly to a local probate attorney since it is most unlikely that one from your state would be reading this message board.