Legal Question in Wills and Trusts in Massachusetts
property after a death
My father passed away and the deed listed my father and my mother, who is deceased as husband and wife in entirety. My father remarried and did not list his new wife on the deed. When my father passed away he did not leave a will. I was told that when my mother died her share went to my father and that when he did, without a will we would have to go to probate and that it did not automatically go to his wife. His wifes children are telling me that she now owns the house and that she can sell it when she wants to, which is opposite of what we are being told. Their attorney said we cannot do anything with the house. What is correct?
4 Answers from Attorneys
Re: property after a death
The governing law is General Law 190, Section 1, Paragraph 2, which states that if a person dies without a will and is both married and has descendents, then the surviving spouse takes one half of the personal and one half of the real property, while the "issue" (the living children and the children of the deceased children) get the other halves.
You need to hire a lawyer. Now. The lawyer needs to get into the Probate Court on your behalf to protect your rights.
Re: property after a death
The Statutory Language of MGL c 190 provides that if a person dies without a will and has both a spouse and children, then the property is divided 1/2 to the surb=ving spouse and the other half to his decendents.
An estate has to be opened with the probate court and you and your siblings need to hire an attorney now.
Please feel free to contact me without obligation.
Re: property after a death
This is simple; your father's estate has to be probated in order to protect your inheritance. You can petition to act as executor. Consult with an attorney ASAP.
Re: property after a death
First of all, I am sorry for your recent loss.
All of the advice provided here is absolutely correct.
I am located right around the corner from you in North Quincy and live in Dorchester. Please let me know if I can be of any assistance. You need to hire an attorney immediately to protect your interests.
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