Legal Question in Wills and Trusts in Massachusetts

If you do not have a will

You own your own home and have a live-in. Would they have to move out of the home if you die.


Asked on 7/18/09, 12:13 pm

4 Answers from Attorneys

Alexandra Golden Golden Law Center

Re: If you do not have a will

If you do not have a will, the person who administers your estate has an obligation to sell off the assets for the benefit of your next-of-kin. So, yes, the administrator could order your live-in to leave (although they would need to follow procedures set out in landlord-tenant law to do so).

Please feel free to contact me if you would like assistance with your estate plan.

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Answered on 7/18/09, 12:34 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: If you do not have a will

As attorney Golden pointed out, the administrator of the home would need to appraise, distribute, or liquidate the estate of the deceased for the benefit if the heirs of the deceased.

If you are interested in passing personal or real property to another person, I strongly recommend making an appointment with an estate planning attorney.

Please don't hesitate to contact my office if I can be of any assistance.

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Answered on 7/18/09, 2:49 pm

Re: If you do not have a will

Absent owning an interest in the home or being a beneficiary under your will, your estate will pass to next of kin or the state if there are no next of kin.

I strongly suggest you have a Will.

Please feel free to contact me if you have more questions.

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Answered on 7/18/09, 3:56 pm
Joseph Murray Joseph M. Murray, Esq.

Re: If you do not have a will

Yes, unless it were provided otherwise in a Will or deed. Good Luck!

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Answered on 7/18/09, 9:40 pm


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