Legal Question in Wills and Trusts in Massachusetts

If your father has no Will, the law is the estate passes to the two of you. If your father is competent and wants a simple Will, he needs to contact an attorney ASAP to create one. Your father needs to sign the Will and there needs to be two witnesses and preferably a notary.

Any accounts that are in joint name will pass to the person whose name is on it. If your father has a DPOA, then that person can handle his affairs if he is not able to do so.

Whoever is appointed Administrator of your father's estate will have an obligation to handle the estate properly.

Your greater concern should be if your father has put only one of you on the deed to his home or as a beneficiary under his retirement or as a joint holder of an account.

I would suggest you ask your father to create a simple will and have an attorney come to his home and prepare it for him to sign.

If you both file a Petition to be come Administrator, the court will select one of you or both of you.

Feel free to call me tomorrow to discuss your needs.

I agree with Attorney Roth that it is important to speak with your father about whether he has put only one of you on any property or assets. You should cerainly discuss getting his affairs in order and getting cerain things in place, including a power of attorney, health care proxy and a will.

From what you've said about your brother, he would be a very poor choice for any of these positions of authority / responsibility. Also, if it turns out that your father passes without a will, I would not recommend that you petition the court to name both you and your brother as administrators as it appears from your description that he would not be responsible.

Please let me know if I can help you further. Good luck -