Legal Question in Wills and Trusts in Massachusetts
Father died and left no will. Who is entitled to property and who is responsibl
My father's mother (now deceased) left a will stating that her house goes to my father and his brother. Her will also stated that when they die, the house be left to their children and so on(ultimately not to be sold out of the family). Both families live in that house. My father died last may. My uncle is still living in the house. My mother (my father's caretaker but divorced from my father for 20 years) lives in the house also. My father had three children and my uncle has four children. When my father died, he owned nothing other than one half of the house (per the will). He had no bank accounts or any other assets. He died debt free. Who is responsible to file probate? Who is responsible to pay any death taxes? What are the penalties if probate is never filed? How soon after death does all of this have to take place? What happens to the house?
2 Answers from Attorneys
Re: Father died and left no will. Who is entitled to property and who is respon
Who is responsible to file probate?
If nobody else has done so, you may do so yourself but should actually hire an attorney to do so; if I do it, I take my fees from the "estate" (proportionally from the heirs) after the court approves my fees.
Who is responsible to pay any death taxes? * To pay, the executor or administrator of the estate; to pay FOR, the heirs of the estate; don't assume there are any death taxes to be paid until you've consulted an attorney. (What's the house worth today? What's the date of death?)
What are the penalties if probate is never filed?
* Changing title (selling) the house can be delayed or prevented. If there ARE any taxes to be paid, interest and penalties are STEEP. Creditor claims are not cut off until 1 year after you file and publish, so most people want to shake off the creditors who might come out of the woodwork later by filing the probate.
How soon after death does all of this have to take place?
** There's no particular time limit. Wills are SUPPOSED to be filed within 30 days of death but often come in much, much later without repercussion except where there was an intentional delay; waiting a long time also suggests forgery or some other problem and weakens the case for the will if it is challenged.
What happens to the house? * By law, it now belongs to the rightful heirs, but where there's a will involved, they can't reach or affect it until the will is probated.
If you have more questions, please call me toll-free in Newton at (888)527-0050 (local (617)527-0050, send me a fax to (617)527-1763, or e-mail me at [email protected]; in fact, please let me know whether or not you've resolved this already any way.
Father died and left no will. Who is entitled to property and who is responsibl
Assuming that your grandmother's will was probated, then the terms of the will control. You now own a portion of the house as tenant in common with the others. Since your title arises out of your grandmother's estate, then all you need to clear title is your father's death certificate and proof that no taxes are due for your father's estate. Your father's date of death will determine if taxes are owed. If your father died recently, then there is a greater chance that there will be no death taxes. You only need to file probate if there is property that will be controlled by probate court. "Death taxes" are due nine months after date of death. You should consult an attorney to review these matters in greater detail. Many attorneys will not charge for the first appointment.
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