Legal Question in Elder Law in Massachusetts

died with a will

My grandfather died in 1987 without a will.

In August of 2006 his wife died and gave away his home to her side of the family. Recently, I discovered this, as it was a well-kept family secret my question is what is the statue of limitations for Massachusetts spouse's share of property not disposed by will? Would I entitle to anything after all these years?


Asked on 7/12/07, 5:33 am

1 Answer from Attorneys
Alexandra Golden Golden Law Center

Re: died with a will

If the house passed to the wife's sole ownership because she and your grandfather owned it jointly at the time of your grandfather's death, chances are that there's nothing you can do -- because legally it WAS hers to dispose of as she wishes.

Unfortunately, unintended consequences of this type happen all the time with jointly-owned property or when insurance policies and retirement accounts that have beneficiary designations don't get updated. In this particular case where there was a second marriage, the property could have been transferred to a trust and the spouse could have stayed there for her life. The property could have been sold after her death and the proceeds could have been fairly distributed.

This story is yet a good example of how spending a little time and money on estate planning services can save families a lot of heartache.

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Answered on 7/12/07, 7:43 am


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