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In our new family, the Austens, father Jack Austen, built up a successful residential real estate company, Oceanic Real Estate, LLC. Upon his tragic death in a plane crash in 2019, it is likely that at least Kate will challenge Jack’s Will. During this anticipated Will contest – before the allowance of Jack’s Will and the appointment of a Personal Representative – his estate assets are in limbo and need to be managed.
Thankfully, the Massachusetts legislature enacted statutes that enable the appointment of a temporary fiduciary to step in and manage estate assets during the pendency of a contested proceeding. This temporary fiduciary in an estate proceeding is called a Special Personal Representative, and “any suitable person” can be appointed to the position. This means that a family member, professional, or attorney is eligible for the appointment.