Additional Information:

The family’s estate consisting of only a house and other small items has been sold through the probate process. The executor , a lawyer family member, as executor has not communicated nor distributed any heir shares after more than 18 months. The executor has seemingly disappeared. How can the heirs get information on what has transpired with the funds and the completion of the process?

ATTORNEY ANSWER:

I would not consider a disciplinary action (unless it is ultimately determined there has been foul play by the attorney-executor). Instead, I would consider a litigation negligence action (if it is ultimately determined there has been financial harm caused by the attorney-executor). A legatee of a will should receive his/her share of the decedent’s estate after the decedent’s expenses have been paid. A legatee of a will should receive an accounting showing the financial activity (income, expenses, assets, and liabilities) of the decedent’s estate on an annual basis. In the case of a non responsive executor, a legatee as an interested party of the estate can take legal action against such an executor (for example, a litigation negligence action). The legatee can call the respective probate court to explain to a clerk the situation and to find out the status of the estate so the legatee can decide how best to proceed.

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The attorneys at The Beliveau Law Group provides legal services for estate planning (wills and trusts), Medicaid (planning and applications), probate (estate and trust administration), business law (formation and operation), real estate (residential and commercial), taxation (federal and state), and civil litigation (in connection with these practice areas). The law firm has offices and attorneys in Naples, Florida, Waltham, Massachusetts, and Salem, New Hampshire.