Legal Question in Wills and Trusts in Massachusetts
probate property
My father passed away and I am probating his will. He stands to inherit his share of his parents home when it is sold, which could be years from now. The rest of his probatable property is under $15,000, so I planned to do a simple voluntary probate, but this property will be worth another $20,000. Will I have to file differently? And will I have to refile every year until this house is sold?
2 Answers from Attorneys
Re: probate property
More facts are needed here. Are your grandparents deceased? If so, have their wills been admitted to probate? What do those wills say about who inherits in the event a child dies? Often the deceased child's share passes directly to the grandchildren. Is the house held by a trust? If so, what does the trust say about a deceased beneficiary's children?
If they died without wills (intestate), then what would have been your father's share passes to the grandhildren. If your father ALREADY owns the interest outright, it is a part of the probate estate -- and you need to do a full probate, not a voluntary probate.
Please feel free to call me so I can review the situation further.
Re: probate property
More facts are needed to properly advise you such as are your grandparents deceased. Is your father's interest in the property vested now or simply an expectancy.
Depending on the answers to these questions, an attorney can help you with your question.
Please feel free to contact me without obligation.
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