Massachusetts Probate Legal Questions

When somebody dies without a will, inheritance from that person is determined by state laws of intestacy. Your father's cousin had heirs at law, and they are determined by the law of the state where the cousin lived, so you may be someone who would be inheriting from the cousin. The heir finder may have found the cousin's name at a website such as missingmoney.com, then researched the cousin's family tree. You may want to check that website and the state treasurer's offices in all states where the cousin lived to see if there are unclaimed funds listed there. They all would probably provide you with guidance on what the process would be to collect the funds.... Read More

The Grantor of a life estate (the Mom) retains a "Reversion". Simply put, this means the property will revert back to the Grantor (the Mom if still alive) or her estate (if she's dead) upon the death of the life tenant (the son) A Life Estate is just that, a tenancy for life measured by the life of the Grantee (the son) so the son cannot devise in a will something he will no longer have upon his death.... Read More

A simple search of the Grantor-Grantee index at the Registry of Deeds of the county where the land is located will reveal whether your husband owned it, and whether it is encumbered in any way. The next step after verifying his ownership is to follow up in the county Probate court to transfer its ownership to you (whether by virtue of a will, or no will if you were legally married and there were no other heirs) Many details are missing in your description that will greatly help to better determine the exact layout of your situation and the proper course of action.... Read More

You should contact the county office where you filed the will.  You should have to do something to close the estate, i.e, submit the tax return, a statement from the heirs, if any, saying they agree with how the estate was handled, and there should be a statement of assets and debts and how everything was divvied up.... Read More

You may disinherit your children in your will.  In the state where I practice, it is suggested that you mention each child sought to be disinherited by name and purposefully leave them $1.00 to avoid them contesting the will citing they were merely forgotten.  You make your intentions very clear by naming them.  If your state allows such, I would also recommend your including a no-contest clause to cover all bases.  A no contest clause would state that anyone seeking to contest the will is subject to lose their inheritance completely.  This protects against someone who is named in the will from coming to their aide.  With all that said, I would still recommend you consult an attorney in your home state to learn the precise options available to you... Read More

I am a California attorney so I can't say unequivocally that arrangement would work but out here that would be fine. However, in my opinion totally unrelated is always best. Why not use your neighbors? Or two bank employees?  You don't have to know the people.  Good luck.  -John... Read More

Most people keep their original wills in a safe place at home, such as a fireproof box. Check any areas where you mother kept important papers at home. If she had a safe deposit box, it may be there. Also contact the executor, if you know who your mother named as executor in her will. The executor may have the original or a copy. You can also call the probate court in the county where your mother died. In some states (including Ohio, where I practice), an original will can be filed there. Call the court to find out if this is allowed in your state, and if it is, ask if your mother's is there. If you cannot find the original will, contact a probate attorney in your state to find out your options. You may be able to probate a copy of the will, or an older will (if your mother had one).... Read More