Legal Question in Family Law in Massachusetts

my grand father passed away and said that the money he had and left with my grand mother would be mine after she passed away, but now she wants to put my mother as the beneficiary and leave me nothing theres was no will only his final wishes


Asked on 4/01/11, 9:02 am

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

I'm sorry to hear about your situation.

First, oral promises to leave property or assets after death are essentially unenforceable.

Secondly, even if your grandfather had put his wish down in writing, it would probably be unenforcable. Your grandfather cannot decide how to distribute your grandmother's estate. If your grandfather had wished to do so, he could have created a trust to distribute his estate to his wife during her life, and then make a distribution to you after her death.

It is SO important to put wishes in writing. Feel free to give me a call if you have any questions, but I believe you have no recourse here.

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Answered on 4/01/11, 10:02 am


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