Legal Question in Wills and Trusts in Massachusetts

My sister died without a will. She left behind several adult children, but made it known to her two youngest children who had stayed in her home with her that she wanted the two of them to have everything in her estate (mainly a house and a lot of expensive jewelry). She also told another sister of her wishes for her estate several times over a period of years, and mentioned it again to this sister less than a year ago.

Will this be enough to prove that her intention was to leave everything to her two youngest children should there be any problems with the other older children or with Massachusetts law and can this be handled privately (i.e., is this something that would have to go through probate)?

In an attempt to handle this within the family, a family friend is in the process of explaining the situation about their mother�s wishes to the other children and asking them to voluntarily sign an agreement to waive any claims to her estate. Assuming this is successful, what else would have to be done to transfer the house to the two youngest children?

Thank you very much.


Asked on 7/27/12, 1:50 pm

1 Answer from Attorneys

The first thing to be done is to file a Petition for Administration and appoint a Personal Representative to administer the Estate. Assuming there is no living spouse, the estate would go to all four children. Assuming the two oldest children are willing to sign declination of any rights to inherit the property, then the estate after the paying of all debts of the estate would go to the remaining children. There is a form for signing a declination of inheritance and I suggest you have one prepared and executed.

I would suggest you retain an attorney to assist whomever is appointed as Adminstrator with the process.

If the two adult children are unwilling to sign the declination, there is very little anyone can do about the division of the estate.

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Answered on 7/27/12, 1:59 pm


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