Legal Question in Wills and Trusts in Massachusetts

Re: Personal Property Dispute - Will

I am not sure about some of the things you said. I cannot understand if the probate court has already decided on the issue that you are raising, and how the court decided?

Re: Personal Property Dispute - Will

Your mother's handwriting, by itself, may not be sufficient for you to have sole right to the object (unless it reflects the fact that she or an ancestor has already given it to you and was holding it on your behalf).

The short answer is that if your mother left all of her personal property (e.g. heirlooms) outright to your father, it gets divided up in accordance with the instructions in his will, assuming he had a will, or in accordance with the laws of intestate succession if he did not.

I am assuming that your mother predeceased your father, and that your half sister is from a different spouse. I am also assuming that your mother's estate was administered or probated in accordance with intestate law or her will.

In short, you may have to "buy" these heirlooms with your share of the estate (i.e., take as your share of the estate the property from your mother's line), again assuming that the overall estate is sufficient for you to do this. You may (or may not) be able to persuade the executor or administrator to do this. It might be helpful to have an attorney to assist you, though in the circumstances, written documents will have a significant bearing on any outcome.