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What can I do if the executor of a will is refusing to follow the wishes in the will?

ADDITIONAL INFORMATION:

My mother left her estate to her 5 daughters equally. (per her will). The executor, one of the daughters, is not executing her wishes. She will not even speak about it. She did not tell us about the will. We found out by writing several lawyers in town. It has been over 2 months since our mother passed. She (the executor) has all ready taken property out of the house which was supposed to be divided equally. What can we do legally?

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

When there is a will, the person in possession of the will is legally required to submit the will to the Probate Court.  You may petition the court for an order to produce the will.  You may object to her appointment as the Personal Representative (aka Executor) as she has refused to file the will and has taken things from the home.  There is an option to file suit against her for the value of the objects taken from the home.  However, the cost of the suit may be far more than the value of the assets.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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