Legal Question in Wills and Trusts in Massachusetts

Re: who inherits

First, let me express my sympathy for the recent loss of a family member.

Because your Aunt passed away without a will, your Aunt's estate is distributed according to Massachusetts's laws of intestacy (Mass Gen Laws Chapter 190 Section 1).

You should hire an attorney to help you carry out your duties as administratrix, and to help you probate your Aunt's estate. If your aunt's entire estate is no more than $15,000 in personal property (excluding automobiles), informal administration (a faster, cheaper process) may be available. It also sounds as though your Father's estate will need to be probated.

Please do not hesitate to contact me should you have any questions.

Re: who inherits

When someone dies in MA with no will, her property passes according to statute. Your question requires additional information in order to fully evaluate it. If your aunt had no spouse, but children, then her children (or their children/issue) would inherit. If there are no surviving issue and no parents, then her siblings, and through them their children if they have pre-deceased her, would inherit. In your case, if your aunt only had 2 brothers and no sisters, your uncle would inherit 1/2 of his sister's estate and you and your sister would split your father's 1/2 interest in her estate.

Depending on the size of the estate, you would probate the estate in the probate court in the county where your aunt lived and/or died. If the assets are above $15,000, or include real estate, you would file a probate administration. If the assets are below $15,000, a voluntary administration would suffice.

I would be happy to assist you in evaluating your options.