Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Massachusetts law, interested persons may petition the Probate and Family Court to remove a personal representative who mishandles estate assets. Removal requires proof of willful misconduct, breach of fiduciary duty, waste or neglect. Follow these steps:
- Identify Grounds for Removal – Gather evidence of mismanagement, misappropriation, failure to account or unauthorized self-dealing. Document bank records, communications and transactions.
- Prepare and File the Petition – File in the Probate and Family Court where the estate is pending. Include the decedent’s name, estate docket number, names of all interested parties, factual allegations and the relief requested. Cite the removal statute M.G.L. c.190B §3-705.
- Serve Notice and Petition – Serve the petition and a hearing notice on the personal representative and all interested parties under Massachusetts Rules of Civil Procedure and Probate & Family Court Rules. Service generally must occur at least 10 days before the hearing.
- Request a Temporary Trustee – If assets face immediate risk, ask the court to appoint a temporary fiduciary under M.G.L. c.190B §3-708. This protects assets pending final determination.
- Attend the Hearing – Present your evidence of misconduct. The court may restrict the personal representative’s powers pending resolution.
- Court Order and Successor Appointment – If the court finds cause, it will issue an order removing the personal representative. The court may then appoint a successor under M.G.L. c.190B §3-711.
Helpful Hints
- Review local Probate & Family Court rules for filing fees, forms and timelines.
- Maintain detailed records of all estate transactions and communications.
- Request an interim accounting from the personal representative before filing.
- Consider witness affidavits to support allegations of misconduct.
- Consult an attorney experienced in Massachusetts probate to ensure proper pleadings and representation at the hearing.