Legal Question in Wills and Trusts in Massachusetts

Re: Father did not leave a will

I am very sorry to hear about the loss of your father.

The answer to your question depends on whether your father was residing in GA or MA at the time he passed away, and whether he owned any real estate in MA or GA. It cannot be said that all property is split equally, because various types of property are treated differently depending upon the manner of ownership. As far as the deceased's probate property is concerned (as opposed to non-probate), spouse and issue would divide it equally.

You should speak with an attorney in the area where your father passed away, as the estate will need to be probated in order to deal with his assets and real property if any.

If I can be of any assistance here in Massachusetts, please do not hesitate to contact me.

Re: Father did not leave a will

Any property that has only the father's name on it will be governed by the "rules of intestacy" - technical term for rules governing property for which there is no will. Remember that beneficiaries receive anything with their name already on it, like life insurance policies, IRA's, and joint bank accounts.

For property in just his name, with no beneficiaries listed, the rule is that the surviving spouse takes one half and the children take one half. You indicate a son from a 1st marriage - but if there were any deceased or estranged siblings, the son may have to share his half with them.

Good luck.

Re: Father did not leave a will

Any property that has only the father's name on it will be governed by the "rules of intestacy" - technical term for rules governing property for which there is no will. Remember that beneficiaries receive anything with their name already on it, like life insurance policies, IRA's, and joint bank accounts.

For property in just his name, with no beneficiaries listed, the rule is that the surviving spouse takes one half and the children take one half. You indicate a son from a 1st marriage - but if there were any deceased or estranged siblings, the son may have to share his half with them.

Good luck.