Southbridge, MA asked in Estate Planning and Probate for Massachusetts

Q: if their is 5 heirs to an estate can the oldest sibling just take it upon himself to go through dead person's things the

day he died. I am so upset very disrespectful

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2 Lawyer Answers
Jonathan R. Roth
Jonathan R. Roth
Answered
  • Estate Planning Lawyer
  • Salem, MA
  • Licensed in Massachusetts

A: It is the person appointed Personal Representative's responsibility to do so, or if everything is in a Trust, the Trustee's responsibility. Apart from looking for the Will or a copy of the Will, he should not have done anything by himself.

Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Probate Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: Is the oldest sibling named the Personal Representative in the decent's Will? If not, then each of you has the same level of priority. If the sibling takes things that are belonging to the estate, they are acting de son tort and therefore can be subject to litigation for taking items that do not belong to him or her. What you haven't stated is whether there is a surviving spouse and whether the spouse if so is the mother of all the 5 siblings.

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