Legal Question in Wills and Trusts in Massachusetts

Estate

My borther died and left no will in Mass. My mother lives in Florida and my father lives in MA, they are divorced. I have 4 siblings, what happens to his estate.


Asked on 3/02/07, 5:26 pm

3 Answers from Attorneys

Carl Chan Law Office of Carl Chan

Re: Estate

More information may be needed before your question can be answered accurately. For example, did your brother have a wife or children?

Regardless, the remainder of his probate estate after all debt and expenses have been paid will be distributed according to the MA laws of intestacy. See http://www.mass.gov/legis/laws/mgl/190-3.htm

Based on the facts stated above, your parents will receive equal shares. Siblings will receive nothing.

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Answered on 3/02/07, 6:08 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Estate

As a first step, you would have to tell me if he had any assets, what the assets were, about how much they were worth at the time of his death.

Please contact me if you have more questions,

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Answered on 3/02/07, 6:15 pm
Herbert Cooper Law Offices of Jameson & Cooper

Re: Estate

It would depend upon whether your brother has any children, whether he was married, and whether your parents are interested in receiving anything from his estate.

Under the laws of intestacy, after paying the final debts of your brother, his medical expenses, unpaid taxes, and administration expenses of his estate, the remainder would be distributed to his parents in equal shares. If they "disclaim" or say they are not interested, it would then pass to siblings in equal shares.

In order for anything to happen, someone will have to probate ("administer") his estate.

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Answered on 3/02/07, 6:21 pm


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