Legal Question in Wills and Trusts in Massachusetts

Your Mom needs to file an administration with the court requesting to be named the administrator of your aunt's estate.

She is the sole beneficiary.

Do it fast so you can probate the estate.

Need assistance? Call me.

I'm sorry for your aunt's passing. If your aunt had children or a spouse, they would share her estate. If, as it sounds, she had no children or spouse (or parents), her estate would be divided equally among her siblings "or their issue by right of representation." This means that your aunt's estate will be divded into as many shares as she had siblings. In your mother's case, she will receive her full share. The children of any siblings who predeceased your aunt will receive their parent's share.

For example, let's assume your aunt had two sisters and a brother. One sister had two kids and the brother had three kids. Assume they both predeceased your aunt, leaving your mother as the only surviving sibling. In this example, your mother would be entitled to one-third of your aunt's estate. The sister's children would each receive one-half of their mother's one-third share (so each would receive a one-sixth share) and the brother's children would each receive one-third of their father's one-third interest (one-ninth each)

Someone must file a petition for administration with the probate court in order to begin the probate process and have someone appointed to act on your aunt's behalf and manage her estate. Please let me know if I can assist you with this.

Thank you -

First, my condolences to your mother. Assuming your grandparents are not living, your mother should file for administration of the estate. The estate is divided between her and the children of her siblings by right of representation.

Statute says:

(5) If he leaves no issue and no father or mother, to his brothers and sisters and to the issue of any deceased brother or sister by right of representation; and, if there is no surviving brother or sister of the intestate, to all the issue of his deceased brothers and sisters. If all such issue are in the same degree of kindred to the intestate, they shall share the estate equally, otherwise, according to the right of representation.

Please feel free to contact me if you have more questions.