Legal Question in Wills and Trusts in Massachusetts

Assuming the father step father was still married at the time of your mothers passing. I would recommend you get an attorney, because he is at the very least going to claim an intestate share.

I have handled a case very similar to this in the past. Depending on the specific facts, you may legally have nothing to worry about, but it is impossible to properly evaluate your case without a proper consultation. One thing can be said with near certainty: if there are funds worth fighting over you can expect there to be a fight. Please feel free to give my office a call if you would like representation.

The mental capacity cases are hard to win for the plaintiff, so your stepfather has an uphill battle. That said, there is certainly a lot he can do to make your life miserable with a claim like this! Fortunately, if he is a drunk, he may ruin his chances, because things need to be done in a particular way in the probate court. Has the first and final accounting been filed? Is there a will?

To that end, I really encourage you to find someone to help you handle this claim. In these situations, I think you want someone who can finesse the situation a little bit.

Finally, sorry about your mom.

First my condolences for your loss.

There are a number of issues that play into this matter, including, assuming the step-father's marital status at the time of your mother's death or if there were any pre-nuptual agreements or simialr agreements between your mother and your step-father.

I would contact an attorney for your own protection. ERISA and other issues may arise related to your step-father's claim. One problem he has is that it is more than a year after your mother's death and it is unclear whether an estate was ever opened for your mother.

Good Luck