Legal Question in Wills and Trusts in Massachusetts
Intestate Step-parent
My mother-in-law passed away (MASSACHUSETTS) 10 months ago without a will. Her second husband filed to become Administrator of the estate a few months later. They had no children of their own, but she has two adult children (my husband and his sister) from her first marriage and five grandchildren. She was in the process of starting a will when she died unexpectedly after surgery.
My husband and his sister want to know if they have any claims to any of the estate...the step-father has no will and no plans to make one per his own admission. He is hesitant to give any of her things to her children. He also has a new girlfriend he met on the internet and who they don't necessarily trust, and she has three adult children of her own. Is there a time limit to file paperwork expressing an interest in their mother's portion of the estate?
3 Answers from Attorneys
Re: Intestate Step-parent
Since your mother-in-law died without a will, her entire estate is going to be passed based on the laws of intestate succession.
In massachusetts, if you die without a will but is survived by a spouse and issue (children), then the spouse gets 50% of the estate and the issue split the remaining 50%.
M.G.L. ch 190 Sec. 1
: Intestate Step-parent
I agree with Gabe.
I think her children do have a claim, and if the present spouse refuses to timely file for probate, and the assets are subject to division, you should contact an attorney to act in the behalf of the children.
If you need assistance, contact me.
Re: Intestate Step-parent
First, my condolences on the passing of your Mother-in-law.
second, your husband and his sister should hire an attorney to require their stepfather, as administrator of their mother's estate, to distribute to them, 50% of whatever was owned in her name alone at the time of her death, to which they are entitled under Mas. Genral laws Chapter 190 section 1.
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