Legal Question in Wills and Trusts in Massachusetts

Re: Death

The answer to this depends on how the property was held, meaning whose name is on the house and bank accounts, and whether or not you son's father had a will.

If the house was owned by your son's father's girlfriend, it would stay in her name. If they owned it together as joint tenants, his share would pass to her outright upon his death. If they owned it as tenants in common or if he owned it alone, his share would pass through his estate which may result in your son inheriting some if it either through a will, or through intestacy if there was no will. You could find out through the Registry of Deeds how the house was owned.

Bank accounts are similar: if they were joint accounts with him and his girlfriend, she is most likely the owner of them now that he has passed away. If they were in his name alone, the way they pass depends on whether he had a will.

If you have any information about his assets that you can obtain from his mother or the registry of deeds, that will help an attorney determine what, if anything, your son is entitled to.

Re: Death

Please accept my condolences on the loss of your son's father.

Assuming that your son's father does not have a will, his estate will be administered under the Massachusetts laws of intestacy.

Either the deceased's mother, or perhaps you, as guardian of your son, should meet with a lawyer to decide how to proceed.

My office assists individuals in your situation, and can help appoint either you or his mother as administrator of the estate and assist you in carrying out your duties.

Don't hesitate to contact my office if you would like some assistance.

Re: Death

My condolences on the loss of your son's father.

If he did not have a will, his estate will be administered under the Massachusetts laws of intestacy.

You, as guardian of your son, may petition to be appointed administrator of his estate if his Mother does not do so.

You may wish to retain an attorney to assist you in doing so. Good Luck!