Legal Question in Wills and Trusts in Massachusetts
My father passed away no will
My father passed away with no will but told me what he wanted. I handled the final plans, funeral, burial plot, etc. We shared a safe deposit key together. His girlfriend will not let us (me and my brothers) in the house to collect his belongings, claims family heirloom rings are ''missing''. The last time I was in there there was less and less of my father in there! I have discovered during the past week she has a big gambling problem. I am afraid all of him has been raped from his house. They are NOT married.
How can I get her out? The police said to giver her a day or two because she's greiving! What about us??? We can't even begin to grieve yet!
2 Answers from Attorneys
Re: My father passed away no will
It is unclear who owns or rents the property in which your father was living. If it is his, you can start eviction proceedings and if it is your father's home seek a court order permitting you entry to take possession of his things.
You should contact an attorney to assist you with this.
Re: My father passed away no will
First, call a lawyer and make a appointment as soon as you can. Bring several copies of your father's death certificate with you. Since there was no will, you will need to ask the court to be appointed administrator of the estate.
Then go to the registry of deeds and get a copy of the deed to the house -- you need to find out who is the current owner. (You can also see whether there are any mortgages, changes in ownership, etc.) Make copies of whatever you find and bring those to the lawyer as well.