Legal Question in Wills and Trusts in Massachusetts
inheritance of divorced parents property
My father divorced my mother in the '70's to marry another woman with 4 children of her own. They never had children together but he virtually left us for another family, sending her children to camp, private school, etc. My mother passed away in 1987 and my father just passed away 3 weeks ago. His wife is still alive. They lived quite a full life while we struggled to make ends meet. He was burned in a fire when we were little and received quite a large settlement. They had a house built paid for with cash and recently sold it for a smaller one. I'm almost positive he has a will but don't think we are included in it. Do we have any legal entitlement to any of his property?
2 Answers from Attorneys
Re: inheritance of divorced parents property
Unless your father dies without a Will, there is no entitlement to inherit. Most states, Massachusetts included, permit a person to leave their property to whomsoever they want to leave it to. If he died without a will, his property will be divided by the laws of intestacy.
Re: inheritance of divorced parents property
Please accept my condolences at the recent death of your Father.
If he left a Will it can be viewed at the Probate Court in the County where he died. Unless he mentioned his children in that will to at least acknowledge he was aware of your existence, any omitted child would have a right to contest the Will under the "Omitted Child Statute" and claim the share they would have inherited had he died Intestate (i.e. without a will). Intestate laws basically provide that if a person dies without a will part of the estate goes to the surviving spouse and part goes to his surviving children to be divided equally between them.
Consider retaining an attorney to insure your interests are protected.
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