Legal Question in Wills and Trusts in Massachusetts

How can I help my step dad with regards to property left to him in which his nam

Five years ago my Mom passed away. Both her and my step dad owned property both in Maine and Massachusets. My Mom never had my step dads name put on the deed to the property in Mass. However, when she died, her Will stated that all property, wherever, whenever and however acquired be left to my step dad. My Mom left each of her children a small sum of money. Now that my step dad wants to sell the propery in Mass. my sisters are claiming that they have a right to a portion of whatever he gets from the sale along with a percentage of what he has been getting for rent for that property, because his name was never put

on the deed. Thanks for any help you can give because my step dad doesn't need this kind of stress at his age.


Asked on 10/18/99, 11:40 am

4 Answers from Attorneys

Patricia Joyce Law Office of Patricia M. Joyce

Re: How can I help my step dad with regards to property left to him in which his

Not to worry ..... Assuming the facts you stated are accurate - especially the fact that your mother left each of her children a sum of money under her will - your mother had no obligation to provide her children with a share in the real estate. It passed to your step dad free and clear upon the probate of her estate.

If your sisters contact an attorney, they will receive the same answer I've provided.

Best of luck to you.

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Answered on 10/19/99, 2:36 pm

Re: How can I help my step dad with regards to property left to him in which his

We can get the titles changed to his name very easily. For selling the Mass. property, I can conduct the sale for you without that step, if you will contact me.

Where did your mother reside when she passed away?

Anyway, feel free to write me or to give me a telephone call at (617)527-0050. If we do business, I have a toll-free number you can use.

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Answered on 10/19/99, 3:57 pm

Re: How can I help my step dad with regards to property left to him in which his

I meant to say ... your sisters are wrong and their claim is unfounded based on this state's laws and the laws of Maine.

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Answered on 10/19/99, 3:59 pm

Re: How can I help my step dad with regards to property left to him in which his

By the way, I'm entirely sympathetic and would like to see you / step-Dad prevail, based on what you've told me. It's always refreshing to be on the "right side" of an issue like this.

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Answered on 10/19/99, 9:31 pm


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