Detailed Answer
What Is a Personal Representative?
In Massachusetts, a personal representative manages an estate after someone dies. They pay debts, distribute assets and file tax returns. The court appoints them under M.G.L. c. 215. All interested parties can petition to remove a personal representative under M.G.L. c. 215, § 28 if they act improperly or violate their duties. M.G.L. c. 215, § 28.
How to Appeal a Removal Order
After the Probate and Family Court issues an order removing a personal representative, you can appeal to the Massachusetts Appeals Court. You must file a notice of appeal within 30 days of the date on the court’s order. The deadline follows M.G.L. c. 231, § 118. M.G.L. c. 231, § 118.
Filing a Notice of Appeal
To start, prepare a notice of appeal that names the parties, the case number and the order you dispute. File it with the Probate and Family Court clerk and pay the filing fee. Then serve all parties. You must also order the trial record, including transcripts of hearings, from the clerk.
Briefing and Oral Argument
After filing, you will submit briefs explaining legal issues. The appellee can file a response brief. The Appeals Court may schedule oral argument where each side presents key points.
Appeal Outcomes
The Appeals Court can affirm the removal, reverse it or send the case back to the Probate Court for more hearings. If the court reverses the order, the personal representative can resume duties.
Disclaimer: This article provides general information on Massachusetts probate appeals. It does not offer legal advice. Always consult a qualified attorney about your situation.
Helpful Hints
- File your notice of appeal within 30 days of the Probate Court’s removal order.
- Obtain a certified copy of the removal order to include with your notice of appeal.
- Order transcripts promptly to meet filing deadlines.
- Review M.G.L. c. 231, § 118 for appeal procedures and deadlines.
- Consider working with an attorney who handles probate appeals in Massachusetts.