My wife has been estranged from her brother for many years. Recently she called to speak to their mother, who had come to live with him and his wife 15 months ago, in Massachusetts. Their mother passed away 6 months ago. Her brother had always refused to take her calls to their mother and only yesterday told her that their mother had passed away in December of 2008, and had been a great burden to him.
In addition to this inhuman cruelty, their mother was well-to-do, with property including a high-end home in South Carolina, and had promised 1/3 of its value to our children (the mother's grandchildren), in her will. The brother refuses to discuss anything with my wife, including the details of their mother's death. (He only "allowed" their mother to speak to my wife once or twice a year, and at other times did not pass messages along that my wife had called. Our children and my wife wrote, but never received any written replies - very odd for my mother-in-law, who at 84 was very "with-it," at LEAST until early December of 2008, when she and my wife last spoke for nearly three hours on the 'phone.)
The brother was named executor of their mother's will but refuses to speak about it, even to say whether it has been probated and if so, where.
This is about our (my wife's and my) children, who are grown and in graduate school. (My wife and I claim nothing for ourselves.)
What can we do to prevent our children from being cheated out of their rightful inheritance, in accordance with their grandmother's will and wishes??
Thank you.
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Relative hiding assets from Will to which he was executor
I am sorry - that is an awful situation. There is nothing "right" or acceptable about your brother-in-law's behavior. Assuming that your mother-in-law moved to Massachusetts with the intention to make this state her residence, then the Probate Courts of Massachusetts would have primary jusrisdiction over her estate. That means that the Probate Court for the County in which your mother-in-law passed away will control what happens to her personal property (where ever located anywhere in the world) and Massachusetts real estate.
Real estate located in another state would be handled through a process call "ancillary adminstration" meaning that whoever is appointed in Massachusetts will also have to be appointed in each state in which real estate is located. In Massachusetts, anyone in possession of an original Will has to deliver the Will either to the Probate Court or the named executor within 30 days of the testator's death (M.G.L. c. 191 §13). So assuming that your bother-in-law has the Will but has not yet petitioned the Court to be appointed executor, perhaps the best place to start would be to go to the proper probate court and file a petition to demand the production of the Will. The court takes this very seriously - and in fact MA law allows the person holding the Will to be jailed or fined (M.G. L. c. 191 § 14)!
I started with that assumption because it does not seem possible that your brother-in-law could have done anyhting with the estate yet. Your wife is an heir at law of the estate, so she would absolutely have to receive actual notice of his petiton. And it is good to keep in mind that the probate process is specifically designed to be as transparent as possible - it is NOT a secrative process! I hate to say it (since it seems like I end all of my posts this way), but this is something that you probably do not want to handle yourself - particularly from afar. Find a good local attorney who specializes in Probate matters - you need to move aggressively to address this situation. Your brother-in-law is not in control of this situation, even if he is named as executor!
Peter (See Attorney Bernardin's contact information here)
Relative hiding assets... to which he was executor
Dear Peter,
I send you the heartfelt thanks of my wife and me, for your timely and comprehensive reply to my letter.
You have given us hope for closure regarding my wife's mother's passing. You have given us a place to start in settling this matter, and seeing that justice is accomplished and that my mother-in-law's wishes are carried out - wherever it may lead.
Thank you, sir. I will tell you that your response brought tears to my wife's eyes that "a stranger" would care enough to be so complete and so generous with his hard-won knowledge and experience. May God bless you and yours for your kindness.
Very respectfully,
Rutledge