QUESTION
What do I do ? This is new to me.
Asked on Nov 25th, 2020 on Wills and Probate - Massachusetts
More details to this question:
Brother passed away with no will. His ex wise of 4 years says she is entitled to all his property. They were married for 19 years. She has a lawyer and is filing for probate. as of 11/23/20. She says she has a hand written note from my brother that states everything is hers. Their divorce decree stated she was paid off for the house.. Everyone she talks to she makes it seem like they were never divorced. There are 2 brothers and feel that the home is a family home. My parents signed it over to him before they got sick and were worried about losing it to a nursing home. She has keys to the 2 family house and isn't answering questions I ask about the house. Before the funeral she was extremely nice. After I questioned about the house no more nice and answers all texts vaguely.
1 ANSWER
2 Awards
It is highly doubtful that a divorced spouse inherits a home not awarded to her in the divorce decree. Nor does a home deed by your parents to one child become a "family home" on his death. If the house was not awarded to the divorced spouse in the divorce decree, it, and everything else, likely passes to your brother's children or, if he had none, to his parents or, if they are dead, to his siblings.
Please take the divorce decree and the deed to a local probate lawyer. When someone says that they have a lawyer, that does not mean that they have one or, if they do, that their statements reflect the law or the lawyer's advice.
Answered on Nov 26th, 2020 at 5:25 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.