Legal Question in Wills and Trusts in Massachusetts

Re: No Will, No Way

You asked: Does she soley inherit the property or is it equally divided between all heirs?

My answer: neither. Now, aren't you glad you asked?

I must ask you to answer some questions (via e-mail, please, to [email protected]):

a) Was your father actually your father (or adopted father) or was he your step-father? (I assume all 7 of you had the same two parents.)

b) Is the house worth over $200,000? Is his liquid estate (bank and stock accounts and cars, etc.) worth over that?

c) What date did he die? Was it more than 6 months ago? Would the children consider charging their mother "rent" for staying in the house if it isn't hers alone now?

d) If the house is in Mass., give me the address (and maybe your father's name) and I'll be able to check that for you.

It's possible, maybe likely, that your mother owns it outright now and that by operation of law it is not subject to a probate division with the children. Send me details, to [email protected] or [email protected] and I'll check.

e) If any of the children are under 23, how many and what age? Which of them live at the house with your mother?

f) Did he keep his stock accounts or other money in a trust of some sort?

The starting point, general rule for assets that were your father's alone, with certain exceptions, is that they should be divided half to his wife and the other half evenly split amongst his children. There are many exceptions, though, so you need to answer the questions above.