Legal Question in Wills and Trusts in Massachusetts

Re: father's death

Please accept my condolences.

If a person is in possession of the will of a Massachusetts decedent, they have 30 days to file the will with the appropriate Register of Probate. Anyone probating a will, or seeking appointment as Administrator of the estate of someone without a will, needs to give notice to the surviving spouse and heirs-at-law. Likewise, creditors are also entitled to notice, normally done by publication of a legal notice in the local paper and by written notice to known creditors.

As far as stuff in the house, if someone has property in a decedent's house, they can contact the party in possession to reclaim the property. In the event of a dispute as to ownership, it may require the involvement of the probate court.

The house will generally pass according to how it is titled, in the absence of challenges to the transfer during the decedent's lifetime (e.g. that the decedent was incompetent at the time of transfer or that there was undue pressure. Not easy to prove.)

You would be well-advised to contact a probate attorney in your area.

Good luck.