Legal Question in Wills and Trusts in Massachusetts

Re: death of my father, step-mother alive, what rights do his children have?

My condolences on the loss of your father.

MA law requires a Will be submitted to Probate withiin 30 days of the date of death. If there is no Will then the Statutory scheme is controling. While there is a requirement the Will be filed within 30 days, there is no real penalty set out in the statute for failure to do so.

She as his Widow has certain rights and you as his children have certain rights. I would suggest you contact a Probate Attorney in your area as soon as possible.

Also, if there are things stored at your father's home that are indeed yours you have the right to retrieve them.

Good Luck and again my condolences.

Re: death of my father, step-mother alive, what rights do his children have?

My condolences upon the death of your father.

Normally, if there is a will, it must be filed with the probate court within 30 days of death by whomever holds it. A spouse does have certain rights to elect against the will, and depending upon the size of the estate, adult children will have varying portions.

Regardless of whether property is on the premises or not, if it is yours, you do have a right to demand that it be returned to your possession and control.

Long and short of it - you should contact an experienced probate attorney in your area so that you can protect your rights. There are certain things that the attorney can assist you with to determine what the estate was and what, if anything, you are entitled to .

Good luck!