Legal Question in Wills and Trusts in Massachusetts

Re: division of real estate to heirs

How was the property held? If you, your ex-wife, and father owned it as "joint tenants" then the property is 100% vested in you. If you held the property as "tenants in common" then you, your ex-wife's estate and your father's estate each own a 1/3 interest. If it is held as "tenants in common", and unless you ex-wife and father had a Will and devised their interests in the house, the property has by operation of the law passed down 1/3 to your ex-wife's heirs and 1/3 to your father's heirs and 1/3 is still retained by yourself.

In any event, paying off the mortgage would not have any effect on the ownership interests. That would be an unwise move by the ex-wife's son.

Re: division of real estate to heirs

There is no simple answer to your question without more information.

First, in whose name is/was the title to the property? if it is your ex-wife only, then the property passes to her estate and then is transferred in accordance with her Will.

If she has no Will then it goes to her legal heirs, which in this case would be her current spouse if she has one and her issue on a 50% to the spouse and 50% to the 3 children.

If the Mortgage was held jointly by you and your ex-wife, then her estate is entitled to her portion of the note unless there has been an assignment of her interest prior to her death.

If the property is in the one childs name only, then if he pays-off the Mortgage the property is his.

There are many other questions that could impact things as well. You can contact me without obligation by telephone if you have more questions.