Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a personal representative in Massachusetts encounters uncooperative institutions holding critical estate documents—such as deeds, stock certificates, or bank records—several legal avenues can compel production. Below is a step-by-step outline under Massachusetts law.
1. Obtain Letters of Authority
First, secure Letters of Authority (also known as Letters Testamentary or Letters of Administration) from the Probate and Family Court. These letters prove your status and grant you power to act on behalf of the estate. See M.G.L. c.190B §3-201.
2. Make a Formal Written Demand
Send a written demand to the institution. Include a certified copy of your Letters of Authority and a clear description of the records requested. Use certified mail with return receipt to create a paper trail.
3. File a Petition to Compel Production
If the institution ignores the demand, file a petition in the Probate and Family Court under the court’s statutory powers to supervise administration. The court can order production of information required by the estate inventory and accounting. See M.G.L. c.190B §3-706 and M.G.L. c.190B §3-703.
4. Issue a Subpoena Duces Tecum
The Probate and Family Court may issue a subpoena duces tecum requiring the institution to produce documents at a specified date and time. If the institution fails to comply, the court can hold it in contempt, potentially leading to fines or other sanctions.
5. Consider a Civil Action
As a last resort, you can file a civil lawsuit in Superior Court seeking a declaratory judgment or injunctive relief to compel delivery of estate documents. You may also pursue claims for conversion or breach of fiduciary duty if the institution wrongfully withholds assets.
Helpful Hints
- Keep detailed records of all communications—dates, times, and copies of letters.
- Use certified mail or courier for formal demands to document delivery.
- Prepare a clear, itemized list of needed documents to streamline court petitions.
- Consult the Probate and Family Court’s local rules for procedural requirements on subpoenas.
- Consider mediation with the institution before filing formal petitions to save time and costs.