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NeedingGuidance

Disproportionate Accounting of Estate among heirs

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Is there existing case law for disproportionate distribution of estate assets between heirs?

 

This question makes no sense.  For starters, you didn't say whether the deceased person with whose estate you are concerned left a will or not.  It's obviously perfectly legal for a person to require a "disproportionate distribution" in his/her will.  It's also not clear what exactly you man by "disproportionate distribution."

 

 

 

All I've found relates to divorces in probate but not children of the deceased in probate.

 

Not sure if you intend this to be meaningful to anyone, but there is no such thing as a "divorce[] in probate."

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I just meant divorce is also handled in Probate Court versus District or Superior not that one probates a divorce. Case law I've found only addresses divorcing spouses & if someone is awarded more of the assets etc. not meant to be relavant here just in the way of added explanation.

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Some heirs have already Assented to distribution allocation. Another has challenged the Executor & the estate received fees credited back. Does any case law support the credits going to the challenging heirs distribution only since we signed an Assent already & didn't challenge anything?

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How much would you gain financially by challenging anything now?  You need to have a local probate attorney review the terms/language of the assent agreement to see if it is valid or not or if there is something you can do now to notify the executor or administrator.  Was there a will in this probate case or was there no will at all thereby resulting in assets being distributed by state law?

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How much would you gain financially by challenging anything now?  You need to have a local probate attorney review the terms/language of the assent agreement to see if it is valid or not or if there is something you can do now to notify the executor or administrator.  Was there a will in this probate case or was there no will at all thereby resulting in assets being distributed by state law?  This is NOT a do-it-yourself project that a layperson could do by simply researching case law, which research can be misleading when a layperson misinterprets or doesn't know exactly what terms and relevant factors to look for.

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Some heirs have already Assented to distribution allocation. Another has challenged the Executor & the estate received fees credited back. Does any case law support the credits going to the challenging heirs distribution only since we signed an Assent already & didn't challenge anything?

 

How about providing some relevant facts?  For example:  Sally died in September 2014.  She left a will that provided as follows:  ____.  Her nephew, Sam, was appointed to the court as executor of her estate in November 2014.  Etc.

 

As far as case authority, no one on an Internet message board is going to research case law for you, and no one who posts here regularly is in MA (as far as I know), so it's awfully unlikely that anyone here is going to know of a case or two off the top of his/her head.

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NeedingGuidance,

 

Thank you for your post.  Are the estate assets being distributed by a valid will or is this a intestate succession question?  What state is this occurring in?

 

- The findlaw.com Team

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There is a valid will. It is in Massachusetts. There have been numerous issues re Executor/Personal Representative....objections as to Excessive Fees & other situations. As stated an heir Assented and Another did not & continually objected to the PR issues via Court. When 2nd heir objected the PR returned the original Assent from the 1st heir back to 1st heir.

Why would PR return an Assent?

Wouldn't that Assent stand & then the objections of 2nd heir be heard & ruled/settled on? 1st heir had equal opportunity to object to anything as well and chose not to thus Assented to Excessive fees.

Wouldn't any settlement resolution of objection go to the objecting party only?

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There is a valid will.

 

Then your original question -- whether "there [is] existing case law for disproportionate distribution of estate assets between heirs" -- REALLY doesn't make sense.  It is a proposition beyond dispute that one may make a will that distributes one's estate in whatever manner one desires (subject to a surviving spouse's right to "elect against the will"), and it makes no difference whether any or all of the "heirs" "[a]ssent[] to [the] distribution allocation."

 

 

 

As stated an heir Assented and Another did not & continually objected to the PR issues via Court. When 2nd heir objected the PR returned the original Assent from the 1st heir back to 1st heir.

Why would PR return an Assent?

 

We obviously have no way of knowing what the PR was thinking; ask him/her.  Nor is it clear what you're talking about.  What exactly does this "assent" say?  And while we're at it, what is your relationship to the estate?

 

As I said before, a concise rundown of relevant facts might be helpful.

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Your question started from a very weird place.

 

If someone's objecting to fees that the executor is charging the estate for administration of the estate, from what I can tell, your question is whether only the objector can benefit from whatever the court decides the executor should NOT receive, where the court dictates that the executor should only receive, say, 3% instead of 5% to compensate for administration of the estate.  I cannot fathom in any weird universe that that MA law dictates that the objecting heir gets the windfall.  :) 

As for asking strangers to speculate about why the executor returned the "assent" from one heir, is there a reason you believe (given the scant info provided) that we'd know the answer any better than you?
 

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