Legal Question in Wills and Trusts in Massachusetts
Hi,
My father passed away in Massachusetts without a will. My stepmother wants to sell the property but keep 50% of proceeds with the remainder split between siblings. Is there any precedent/law that states 50% belongs to her? My mother originally purchased the home with my father, but was never compensated for it after the divorce.
2 Answers from Attorneys
Yes, MA statute governing intestate (without a Will) provides that she gets one-half of the real property.
As suggested by attorney Roth, the answer can be found in the Massachusetts intestacy statute. Whether or not your mother was entitled to some portion of the estate as a result of any divorce agreement or judgment of divorce depends upon the wording of any such agreement or judgment. Before your stepmother transfers or sell any portion of the estate, she should really consult with an attorney. Feel free to contact my office if you or she would like to speak to a probate administration attorney. 617-357-4898.
Related Questions & Answers
-
Do you have just 1 yr. from time of death to probate a will? Asked 10/24/10, 1:19 pm in United States Massachusetts Probate, Trusts, Wills & Estates
-
Will you answer question or are you refunding? Thanks Asked 10/24/10, 6:12 am in United States Massachusetts Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
