Legal Question in Wills and Trusts in Massachusetts
Left to the issue
My grandmother left my mother one fourth of her home. My mother died before the house was sold. The house has been sold and the will states, it should go to the issue if my mother is not living.
My father is still alive. My hope is, he will get this money. However, there are six children involved. I was the power of attorney while my mother was alive. I am wondering if I should petition for executrix if my dad is not entitled. My mother said in front of me, she wanted him to have the money. Thank you
1 Answer from Attorneys
Re: Left to the issue
The interest in the real estate vested in your mother at the time of your grandmother's death. Since your mother was alive when your grandmother died, it does not pass to your mother's issue (children). Your mother's interest would pass either by your mother's will or by Massachusetts laws of intestate succession.
You should contact an attorney to provide further details of your grandmother's estate and the real estate. It will most likely be necesssary to open a probate estate for your mother in order for the real estate sale to close.
I hope this information is helpful.
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