Legal Question in Wills and Trusts in Massachusetts

Stepmothers rights to house

Hi, I own a house with my father (both our names are on the house) and was wondering if something happened to my father what rights my stepmother would have to his half of the house, if any?

Thank you,

Bob


Asked on 8/07/06, 10:52 am

3 Answers from Attorneys

Re: Stepmothers rights to house

Her rights would depend on your father's estate, will and the manner in which the two of you hold the property. If you have a copy of your Deed, you need to detemine whetehr you are Joint tenants with rights of survivorship or tenants in common (meaning that your respective shares pass independently).

If you and your father want to plan for a desired outcome, my office can be of assistance.

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Answered on 8/07/06, 10:59 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Stepmothers rights to house

It not only depends on the language in the deed, but also if there is a will, and what the will says about the real estate. Should you have any questions, fee free to contact me. The more details, the easier it is to answer the questions, and relate the options.

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Answered on 8/07/06, 11:11 am

Re: Stepmothers rights to house

It will depend on the language in the deed as well as what his Will says. If you are tenants in common and he has no Will, then by statute your step mother would be entitled to half of his half, assuming your father only has one child.

You should look at your deed and contact an attorney for some simple advice.

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Answered on 8/07/06, 11:27 am


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