Legal Question in Wills and Trusts in Massachusetts
surviving spouse
my husband just passed away and left me with a 30,000 equity loan and a 20,000 car loan but left his adult daughter as the beneficiary on an annuity that he had and he also rolled his ira,s into this and part of the equity loan was to pay the taxes on the 67,000.00 annuity. can this happen and is there anything i can do? he left me in the dark, i know of nothing that he had. how do i go about finding out about a will or any money that he had anywhere else? what if he did not have a will and if he did what if it was not filed in the court? what am i entitled to?
1 Answer from Attorneys
Re: surviving spouse
Let me first tell you, you have my condolences.
Step One look for the Will. Contact his attorney and if you use an accountant for taxes contact him as well. Contact your insurance agent to see if there are any life insurance policies, was he aware of a Will or an attorney he used for a Will. If he had a pension from a company or was employed by a company find out if there is group life insurance, pension etc.
Step Two look for assets, contact everyone above-listed.
You may have a right to claim part of the benefits under the annuity if it was part of a retirement plan. Timing of the creation of the annuity relative to your marriage will be important as well as the designation of the adult daughter.
With respect to the auto loan, if you did not sign the loan you are not personally responsible. If it is your only car that is a different problem. The auto company can repossess the car and make a claim against the estate for any short fall. As to the home equity loan, there is not much you can do about that since it is a lien on the home.
How much of your husband's property to which you are entitled is dictated by statute if he did not have a Will. You have the right to claim at a minimum your dower rights (statutory right of inheritance) as his wife.
I suggest you contact an attorney in your area.