Legal Question in Wills and Trusts in Massachusetts

Re: Will

My condolences.

One point to note, in addition to the others mentioned, is that unless your father made a will after he was married to your stepmother, or in anticipation of marriage to her, any pre-marriage will is considered revoked by the subsequent marriage.

Re: Will

I am not clear what you are implying by the question. Do you know that a will exists? Are you wondering whether your step-mother knows something that you don't? Are you wondering if there is a will at all?

There is no obligation to produce a will until 30 days after the death. So, whether you should say or do anything right now depends at least in part on the quality of your relationship with your stepmother and how long it has been since your father passed away.

Re: Will

First, my condolences to you and your step-mother.

How you raise the question and when depends on your relationship with your step-mother.

If you have a reasonable relationship you might ask if your father has a Will and tell her an estate should be opened within 30 days of death.

Although the law says 30 days, there is no real penalty for being late in filing a Will or opening an estate.

If your father left no Will his wife is entitled by law to a portion of his estate depending upon the number of children. moreover, if there is a family home, it is probably in their names as tenants by the entirety which means she inherits it directly.

If your father had a personal attorney you might ask him about a Will.

Good Luck.