Legal Question in Wills and Trusts in Massachusetts

what happens if my elderly father in Massachusetts dies without a will? He owns a decent home on Cape Cod. I am the oldest of four children and my mother is deceased.


Asked on 12/25/10, 10:51 am

1 Answer from Attorneys

Denise Leydon Harvey Harvey Law Offices

If your father has no will, then the MA laws of intestacy determine how his assets will be distributed. If he is not married and has 4 kids, then his estate will be divided among the 4 kids. After he passes, someone - you or any of your siblings - should petition the probate court in the county in which he lived to be named administrator of his estate. Once appointed, the administrator will have the authority to pay off any debts your dad owed, receive any funds he is due, and likely sell the house. The administrator will then divide the remaning estate assets among the 4 kids. If you petition to be named administrator and do not live in MA, then you will have to appoint an agent in MA to accept service on your behalf.

Please let me know if you have any more questions or if I can help you in any way.

Read more
Answered on 12/30/10, 11:01 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Massachusetts