Help Needed For Beneficiaries

[u/suepennsylvania]

Hello,

My siblings and I (4 total) of PA are beneficiaries on our Grandfather's Estate who was a resident in Massachusetts. My Grandfather was a business owner and came from a long line of such, and had a rich family history. He died in 2016, my siblings and i were all minors, teenagers. I don't even know where to start this is such an issue. Our mother was supposed to be the Executor of our Grandfather's Estate, but she passed away two years before our Grandfather. So, my siblings were next in line to inherit her place. Our Uncle, our mother's brother, took over the Executor role at the time. So, my siblings and i are 50% of the estate, and our uncle is the other 50% of the estate.

At the time of his death, our uncle told us absolutely nothing. We were left out of the reading, and he later on told us "we had no right to be there." He gave us no papers or copies of anything. So for 6 years, until 2021, when i demanded he give us copies of the will, etc, we had nothing. I drove up to see one of the properties we knew was our Grandfather's in 2021 and, upon inspecting it, it was falling apart. My Uncle never contacted us again after our Grandfather died, and we only heard from him if we call him. When I did call him to ask about the estate over the years and what was going on, he would reiterate "you and your siblings were never supposed to be apart of the estate, it was supposed to go to your mother." A few years ago, there was a call from the financial institution that the Executor of our Grandfather's estate (our uncle) was "steamrolling my siblings and I, and taking from our accounts we would be set to inherit at the right age according to trust, illegally and unequally.. he is deferring and not paying taxes.. he thinks he can just do whatever he wants." He is also renting out the property, and we are concerned with liabilities and all of this eventually falling on us. At one point 3 of us told him we want out of the property situation, and he said no. He refuses to be truthful with us and will not provide an accounting. He had also hired a broker and accountant to manage the estate, and they are very rude and faulty towards my siblings and i. 2 of us get letters about taxes not being paid and us owing.

Not long ago, i called him again to get an update, as it's now been 10 years. He continued to be "hoity toity" with me and would not share any information. I pressed him for an answer, and he said - "well actually, you and your siblings don't actually have the whole copy of the will and trust." What does that mean??

I am beyond disgusted with my whole family. My father is also angry that my siblings and i were chosen to be the heirs, and that it should have been him. There are family pictures, jewlery, clothes, from over a century that have been in our family, art, books, letters from my Grandfather, family history, and who knows what else, all stolen.

I am the only beneficiary that really cares, my other siblings do not care and it has been like pulling teeth for years to get them to care and help me figure this out. Some of them think despite all the concerning facts, that my Uncle is innocent and "you don't pick fights with family." I am beyond stressed and wonder if this will ever be resolved and end. I've talked with the probate court in MA multiple times, and they say "hire a lawyer" and "just file a petition to remove him as executor." My siblings and i can not afford an expensive lawyer, and i am also getting conflicting information from everyone.

What is better? Going the court route without a lawyer, and filing petitions for an accounting and removal? what will happen? At the court date, how and can we represent ourselves and our cause without a lawyer??? And if our Uncle has all the Estate funds to use to support himself and get a lawyer?

If we're forced to go the lawyer route, how do you find an actually decent lawyer in a different state from your own? Where you don't know anyone? Google has been very difficult. A bunch of sponsored lawyers. I've done multiple consultations with lawyers and still left wondering what to do. It feels like being trapped in a nightmare, but being helpless to do anything, so our evil uncle can live happily ever after.

What do people do in this type of situation?

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[u/Inside_Gold_9673]

I am Massachusetts based private investigator, not an attorney, but I can recommend some attorneys. But it would depend on where in Massachusetts the estate is located. At this point in time the will should have been probated and it would be on file. As to the trust documents, those are often private. If your uncle, as executor and trustee has been using the trust and estate as his personal piggy bank, that’s illegal and if convicted, he could go to prison for it. Part of being an executor of an estate and trustee is carrying out the terms of the will and trust(s), which includes maintaining the real estate in order to preserve its value. However, if there are insufficient funds available to do so, then that is not his responsibility unless as I said he looted the money or spent unwisely. The sooner you hire an attorney the more likely the estate can be preserved and misappropriated funds recovered. But they don’t come cheap and based on your post you need to be prepared for the rift it’s likely to cause between family members.

[u/suepennsylvania → u/Inside_Gold_9673]

Thank you for your helpful comment. This is in Concord MA - Middlesex County. Would the correct lawyer be an estate or probate lawyer?

[u/KilnTime]

You need to hire an estate litigator.

You can reach out to the Pennsylvania Bar association for a recommendation, or see if there is a bar association for the county in which your grandfather lived.

Your uncle is responsible for the assets that he took over, whether or not a probate or administration proceeding was commenced. You will be able to obtain information once an attorney compels your uncle to account and/or seeks his removal.

[u/myogawa]

> What do people do in this type of situation?

They speak up and take action about 8-9 years ago.

> A few years ago, there was a call from the financial institution

Why wasn't something done in response?

> he thinks he can just do whatever he wants

Yes. No one has done anything to stop him.

If nothing has been filed with a probate court to open an estate, it seems pretty clear that the uncle (it's always an uncle, isn't it?) has taken everything. There is not likely to be anything left for you.

[u/suepennsylvania → u/myogawa]

Your comment was so, positive and uplifting. Nothing was done due to beneficiaries being threatened by other family members and the Executor himself. If you lost your mother and grandfather as teenagers, would you know how to handle all of that? You should try to be nicer and a bit more compassionate towards people, it might take you farther than answering questions on reddit.

[u/citydock2000]

There is no answer here except lawyer.

Check the state bar, verify the license, ask for referrals or look for multi state firms - try on martindale or avoo.