Legal Question in Wills and Trusts in Massachusetts

wills

My mother does not have a will and dosen' seem to want to make one out. The question is if she dies what will happen to her estate? I am the only living child, she lives in NH and I live in Mass. My brother died a few years ago and he had 2 children and I have 2 children.


Asked on 1/28/08, 7:27 am

2 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: wills

A person who dies without a will will have their estate administered according to the laws of intestate succession in that state (NH and MA are similar).

Basically, property would be distributed down the bloodline to surviving children, grandchildren of deceased children, etcetera. Each child takes a share, and grandchildren of a deceased child would split the share of the deceased child, etcetera.

It is also important that your mother have a health care proxy, and a power of attorney would be useful as well, if she wants to have some choice over who assists her if she were to become incapacitated.

I am licensed in both Massachusetts and New Hampshire. Please feel free to contact my office if you need further assistance.

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Answered on 1/28/08, 8:08 am

Re: wills

Her estate is governed by the NH statutes governing intestate succession.

Your mother should see an attorney not only about a Will, so her estate goes to whom she wants to get it, but also to protect her estate from Medicaid should she need to get medicaid in the future.

However, you need a NH attorney to do this. If you need a name I know someone very good in the Nashua area.

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Answered on 1/28/08, 9:38 am


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