Legal Question in Wills and Trusts in Massachusetts

Re: No will- what happens to the property? Dp step children have any claim?

did you get my message? I'm sorry if it wasn't

the news you wanted to hear ... you may reply to me directly

at [email protected] if you like, or call me at

(617) 527-0050.

Re: No will- what happens to the property? Dp step children have any claim?

You wrote "upon the death of the owner of a pleasure vehicle, the vehicle shall be deemed to have been jointly held, and

ownership shall pass to the surviving spouse, who can obtain a Certificate of

Title using a single form from the Registry of Motor Vehicles." It looks like a

direct quote from the law, doesn't it? See Mass General Laws Chapter 90D, section 15a,

at http://www.magnet.state.ma.us/legis/laws/mgl/90d%2D15a.htm, which says pretty much

just that. To be your own lawyer, you'll need to know that "presumed" doesn't mean "is";

a legal presumption is rebuttable, and evidence to the contrary is admissible to change

the presumption or to support a court's contrary finding.

The purpose of the statute is administrative simplicity; a lot of

people die with only a car in probate and it avoids having to start

a case in probate court just to get the registry to hand over a new

title. But the mere fact that there are three cars, and especially

if they are valuable ones, suggests that it is not the routine case

and that presumption would not hold up to scrutiny. Is it that you don't

want your mother to get the cars? Or is it that you do?

I assume your mother lives in Mass.

As for all the rest of the property, there are a few complications.

Step-children GENERALLY have no rights in the property. There are some

exceptions, depending on how old you were when your Mom married him,

and a few other factors. I'd rather not give an opinion until I talk with

you on the telephone. (617) 527-0050.

There is also a question of what your mother will get versus what will go

to the older children; there is a law called "dower" which bears upon that

and there are a few other factors. As a preliminary comment, I suggest that

none of you -- nor your mother -- discuss anything about your father's estaet

(or lack of a will) with any of the older children or their mother or anyone

that knows them or anyone else in the world for that matter!, until she has

discussed this with an attorney. She, also, may call me.