Question about executor rights in Massachusetts estate probate with filed objection.

Question

My question concerns the probate of an estate where an objection was filed for undue influence involving a fiancé, who was also named as the executor. The decedent's will names the fiancé and goddaughter as beneficiaries, but an aunt is mentioned as an heir. Although the objection and affidavit were recently accepted by the probate court, there has been no judgment yet. There are issues such as an unknown car on the driveway, moved stone flower pots, flowers ripped out, and his truck was moved, with no communication from the executor or official notices from the court. Given these circumstances, does the executor have the right to rent, sell, take, or give away anything from the estate?

James L. Arrasmith · Answer

In Massachusetts, once a will enters probate, the executor has a legal responsibility to manage the estate according to the decedent's wishes. However, if an objection has been filed, especially for undue influence, the situation becomes more complicated. While the court hasn't issued a judgment yet, the executor's authority to act is restricted until the probate process is fully settled. 
 
Without a court order or approval, the executor typically does not have the right to rent, sell, or give away estate property. If there are concerns about actions like removing items or moving things around, these could be considered improper actions if they occur before the court has given clear directions. It's important to note that the executor must keep the estate intact until the probate court provides further guidance. 
 
If you’re facing these issues, it might be a good idea to consult with an attorney to ensure that the executor isn’t violating any legal responsibilities. The court may step in if there’s concern about misuse of estate property during the probate process.

Q: Question about executor rights in Massachusetts estate probate with filed objection.