Legal Question in Wills and Trusts in Massachusetts

Re: deeding real estate

If your father's house was held jointly with his deceased wife with rights of survivorship, then, he already owns it outright by survivorship and all he has to do is have a new deed drawn with title in his name only and bring that along with a his deceased wife's death certificate to the registry of deeds to get the house recorded in his name only. However, if the house was held as tenants in common, then the deceased wife's undivided one half of the house passed into her estate and probably belongs to her children unless she provided otherwise in her will.

Your father should retain an attorney to review all the relevant documents.

Re: deeding real estate

He has the power to change any portions of his will any time he wishes to do so.

If his house was held jointly with his deceased wife with rights of survivorship, then all he has to do is simply draw up a new deed with his name only and bring that along with a death certificate to the registry of deeds to get the house recorded in his name only. If the house was held as tenants in common, then the wife's 1/2 of the house falls into her estate and probably belongs to her children.

If you need further help with examining the documents or drafting up new estate documents, don't hesitate to contact me.

Re: deeding real estate

First, your father should record a copy of his wife's death certificate at the registry of deeds. Unless they held title as tenants in common as opposed to tenants by the entireties which I doubt, the property is his.

As to his Will, unless his will was a contract Will or reciprocal Will, he can change his Will any way he wants.

He should contact an attorney and change his Will if that is what he wants to do.

If you or he have additional questions, please feel free to contact me.

Re: deeding real estate

You should review the deed as well as his Will. If he and your step-mother owned the property with rights of survivorsip, he already owns the property outright and can transfer it now or through his Will. If they owned the property as tenants in common, her heirs already own half of the property, unless she made other arrangements through her own Will.

I suggest you have the documents reviewed and, if warranted, have your dad make up another Will. I also recommend that he draft power of attorney forms and a health care proxy if he has not already done so. He should also review any other estate planning measures that he may want to take.

Please let me know if I can help you.