Legal Question in Wills and Trusts in Massachusetts
estate
my father just died and did not have a will. he told some family and friends he intended to give me his life insurance benefits and vehicle. my mother (who is divorced from my father) even stated that with witnesses in the room. my sister, who has not spoken to my father in years, shows up and expects to get half. she is working with my mother to try and re-establish the marriage because their divorced isn't recognized in Poland. what are my options?
3 Answers from Attorneys
Re: estate
First of all, I am sorry about your loss. The manner in which your father's assets are distributed is very strictly governed by our laws. If your father did not have a will, then his orally stated intentions are (unfortunately) not considered by the law to be relevant in determining his intentions. Rather, what we call the laws of intestacy control. Those laws provide that in the absence of a will, assets are distributed evenly among any children of the decedent. However, your father probably designated a specific beneficiary for his life insurance policy (as insurers customarily act that insureds make that designation), and the person he designated as beneficiary of the policy would receive in full the proceeds of the policy. Please contact me if you wish to discuss any aspect of this in greater detail.
Re: estate
I'm very sorry for your loss.
If your father named you as the beneficiary of his life insurance policy, in writing on file with the insurance copmpany, then you should receive the proceeds of the policy. You need to file a claim with the company. If he owned property in his own name (not jointly or that already named a beneficiary), then that property will be divided according to statute. If he was divorced from your mother, then his property will be divided evenly among his children. Someone will need to petition the probate court to be named administrator of his estate in order to distribute his property appropriately.
As for the divorce being valid in Poland, I'm not sure that applies. Were your parents married in Poland but divorced in Mass? How long did they/he live in Mass? If they lived here a sufficient amount of time, and were divorced here, and he died here (and mom still ives here) their divorce is valid here, where the probate will take place.
I would be happy to help you with these issues. I could meet with you in Lynn if that would be convenient for you. Good luck -
Re: estate
My condolences for your loss.
Oral statements are not bindding on the disposition of an estate. Your life insurance goes to his designated beneficiary as would his retirement plans if he has one. The rest of his assets would be divided between his children.
Please feel free to contact me if you have more questions.
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