Legal Question in Wills and Trusts in Massachusetts

Re: benificiary of a will

This is a very basic answer to your question and is not to be construed as legal advice. I would need complete disclosure (ie examination of your mother's Will) in order to give a legal opinion.

That being said, if you truly are the sole beneficiary (meaning there is no succesor or residuary clause in case you don't survive your mother) then your mother's estate would go to your heirs. If you have a Will then it will go to whom you select in your Will. If you don't have a Will then it will go to your heirs at law. Which would be both your wife and children from previous marriage.

If you are worried about outliving your mother then you should have a Will or Trust drafted so that you may control where the estate goes upon both you and your mother's death.

Please contact my office for a free consulation.

Re: benificiary of a will

If you died before your mother, your mother's property would then go to the person or persons named in the residuary clause of her Will. If there were no residuary clause, then the property would be divided in accordance of the state law as if your mother had died without a Will. If there were no one left according to the state law to receive your mother's property it would then go to the state. THE PROPERTY WOULD NEVER GO TO YOUR SPOUSE BY VIRTUE OF YOU PREDECEASING YOUR MOTHER BECAUSE YOU ARE NOT THE OWNER OF YOUR MOTHER'S PROPERTY ON THE WILL UNTIL YOU SURVIVE YOUR MOTHER. Your mother could easily dispose of the property by other means before her death even if the Will stated otherwise leaving you with nothing. In that case, her intervivos (lifetime) transfer would trump whatever that she stated in her Will. For example, deeding a property to herself and someone as joint tenants with right of survivorship. That someone would become sole owner upon your mother's death eventhough your mother devised all her property to you.