Legal Question in Wills and Trusts in Massachusetts
My parents divorced when I was 2, with my father getting full custody. My mother paid no child support and gave up visitation rights. She passed away recently. Am I entitled to any of her estate? I am a resident of Massachusetts, while she was a resident of Idaho. She has been remarried for 20+ years. In the absence of a will what are my rights?
2 Answers from Attorneys
If your mother died without a will, you are entitled to whatever inheritance rights Idaho law may give you under that state's intestacy statute.
You don't mention how old you are, what state law governed the divorce, or whether there was a child support order. There MIGHT -- repeat -- MIGHT -- be some right to enforce a judgment, but whatever right you might have will be very fact-specific; and depending on the state law in question, could be time-barred. See an attorney for assistance here.
You may have a claim against your mother's estate for child support if your father's separation agreement required child support.
If your mother died with a Will and did not specifically exclude you from her estate, unless she left everything to her husband, you may have a claim against her estate.
If she died without a Will, then you are entitled to whatever is provided under the law of the state where she died as a child.
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