Legal Question in Wills and Trusts in Massachusetts

Please accept my condolences on your father's passing.

I really have to recommend that you take your paperwork to an attorney for review. My first question is who is the trustee of the trust? Did your father have a will? Who is the person nominated by your father to manage his estate - probably his second wife? If the second wife is not a trustee of the trust and is not a beneficiary of the trust, she probably needs to be delicately removed from the house. The trustee will need to evict the second wife and either sell or rent the property in a way that is fair to all beneficiaries, or pursuant to the terms of the trust. This presents a problem if the trustee is the second wife.

You really need counsel to do accomplish what needs to be done here, and I would invite you to reach out to our office by calling 617-357-4898 or [email protected]

This is a very complex issue. The Trustee of the Trust has to take action with regard to your step mother's continued occupation of the property. As to items in the property, that will be covered under the Trust or your father's Will. You should get a copy of your Father's Will as filed with the probate court and a copy of the Trust and contact an attorney ASAP.

Please feel free to contact me at 617.406.4647.