Legal Question in Wills and Trusts in Massachusetts
My Mom died 3 years ago(N.Y state resident) and left my brother and me a small inheritance. Then my brother died unexpectantly 1 1/2 year ago. in Massachusetts. He was never married but has a daughter (23) who did a blood test to confirm paternity. Now my"niece" has inherited my Mothers$$$ (her Fathers' inheritance). My brother never had two nickels and could barely keep a job and my"niece has never had a real job in her life and is now traveling around the world(Africa,New Zealand, Europe, etc.) My question is can I contest this? It just doesn't seem fair. She's a good girl. But what is the law and why did this happen this way. Thanks for your answer. I live in Ct.
2 Answers from Attorneys
Is she his only living heir? Do you contest paternity? Why is it unfair? If he dies without a will, and had no other children, and was unmarried, then the daughter is entitled to the inheritance per G.L.c. 190 s. 3.
Based on the facts presented, no you cannot challenge this. If she is his only living issue, then she gets the money. Unless you can prove she was not his child, then under MGL c 190 s. 3 she gets the money.
It is not unfair, she is his daughter and your mother's grandchild.
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