Legal Question in Wills and Trusts in Massachusetts
My Legal Rights
My mom lived with her partner for 30+ years but they were never married. I was 3 at the time. He basically raised me as his own daughter and we were very close. I considered him my ''dad''. I am 33 now. My mom passed away 9 months ago. My ''dad'' passed away in May 2004. He left a will but never changed it before he passed away. His will stated everything goes to my mom if he passes away. His sister is the Executor. His family is giving me a hard time. All I want is my mom's things and anything else that should be coming to me. He owned a home under his name only and many bank accounts. Do I have any rights and would it be to be my best interest to hire a lawyer. I don't have alot of money. Please email me and thanks for your help.
2 Answers from Attorneys
Re: My Legal Rights
You have no rights in your "dad"'s estate as you are not an heir and not named in the will. However, you may have rights in your mother's estate. What you don't indicate is if your mother had a will and if the property owned by your mother was owned by her or jointly with your "dad". You should be able to locate a lawyer that will give you a free consultation on this matter.
Re: My Legal Rights
In Massachusetts, when the decedent alone held title to a home, the personal property contained in the home at the time of death is presumed part of the estate. If you have receipts or other proof of your mother's ownership as to any of the personal property, that property would be part of her estate.