Legal Question in Wills and Trusts in Massachusetts
My grandmother died five years ago. my father, who was her only child, never finished probating her estate. There are still properties and money in her name. She had no will. My father passed away recently as well. He had a will that named myself and two sisters as the only beneficiaries. Everything my father had will go into a trust until we are 25. What happens to my grandmother's property and money? Do we inherit it seeing we are her next living relatives?
4 Answers from Attorneys
Your mother's assets are now part of your father's estate. You may have to finish your grandmother's probate and probate your father's estate.
I agree; usually probate assets need to be completed and documents need to be filed.
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I agree with the previous two answers that, legally speaking, anything that flowed to your father as a result of her death is now in his estate. The problem is that an estate must be probated in order for somebody to take charge and control of the decedent's property and assets.
Whoever is named executor in your father's will should prepare to probate your father's will and get appointed executor. Then all probate property and assets will flow according to the will.
Please don't hesitate to contact this office if you would like some legal representation in carrying out the duties of executor.
Assuming your father was the sole heir of your grandmother's estate, her assets will go into his estate and then be distributed to you and your sisters.
You need to hire an attorney to complete the Probate of your grandmother's estate.
You need to get someone to Probate your Father's Will.
If you have more questions, please feel free to contact me without obligation.