Legal Question in Wills and Trusts in Massachusetts

Re: Death without a will & step fathers & childrens portion ??

If a Massachusetts resident dies owning real estate in her own name, without a will, a probate court proceeding will

be necessary to pass the title to her heirs. The proceeding is called an administration.

A spouse has a statutory right to claim a portion of the estate, whether there is a will or not. However, the spouse may

waive their interest in the estate if they wished for the other heirs to recieve all of the estate.

The shares that the children and the spouse are entitled to recieve are, in part, determined by the

size of the estate.

Estate taxes may also be due to the state or federal govenment, also depending on the size of the estate, and

the basis of the various assets in the estate.

Regards,

Alan D. Humbert

Re: Death without a will & step fathers & childrens portion ??

If I understand you correctly, all of both houses will go to the stepfather & children. The exact division depends upon the precise size of her estate.

You may call me with more details for help in fixing up all the names and the titles and handling the legal procedures for all this if you are in Eastern Mass. or Central Mass. My toll-free number is (888) 527-0050. First please e-mail me at [email protected] to tell me 1) who you are, 2) where she died, 3) where the two houses are, 4) the size of her entire estate, and 5) how the first marriage ended (divorce? death?).