Legal Question in Wills and Trusts in Massachusetts
Deceased Persons Rights in Non-titled Real Property
My mom died a few weeks ago. She was married for 11 years. The house is only in her husbands name. Does she have any rights to the real property? And if so, do the children have any rights in such real property via probate?
2 Answers from Attorneys
Re: Deceased Persons Rights in Non-titled Real Property
This is a real mess. You have to hire a lawyer to probate this and clean the title. Please call for an appointment.
Re: Deceased Persons Rights in Non-titled Real Property
The short answer is no. A deceased person has no interest in anything earthly. Since she was not on the deed, the property remains the widower's sole property. Since her estate has no right or interest in the property, her children do not either. I am assuming this was a second marriage, at least, and the children are not her husband's children.
There may have been some promises to put her on the deed, but it probably would have been as tenants by the entirety and, again, on her death her husband receives the full title and her children take nothing (of the real estate).
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