Legal Question in Wills and Trusts in Massachusetts

im getting info for my friend. Her boyfriend after 7 years has passed away yesterday. He had a lawsuit check that hesigned over to her. his daughter is asking for the check, which in the whole seven years she has never meet her. { only now cause of the check}. is the money legally hers, seeing her signed the check over to the girlfriend or the daughter/


Asked on 7/31/15, 11:05 am

1 Answer from Attorneys

If the check was signed over to her by her boyfriend of his free act and deed and she deposited it, it is hers to keep.

The problem is the daughter will claim undue influence and seek the money from her, assuming she opened an estate and is appointed as his Personal Representative and is the only beneficiary. Otherwise it goes into his estate. There are more issues such as the State making claims for the money for reimbursement for medicaid.

tell her to go speak to an attorney

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Answered on 7/31/15, 11:20 am


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