Legal Question in Wills and Trusts in Massachusetts
What am I entitled to of my fathers estate?
Hi,
My father died 7 years ago while I was a minor. I have been told lately that there was social security checks coming, as well as life insurance, and a policy that, per his and my mothers divorce agreement, was to pay to me in the event of his death. when he died, I turned over guardianship to my stepmother (at least I think so, we decided not to go ahead with it, but I am pretty sure that she signed it anyway) My father and his wife also owned two houses that were both sold after he died. My question is, if she was my guardian, and I was underage, does that make her entitled to the life insurance money, house profit, etc? or is this something that would be worth it to pursue and take the time to have somebody research? Is there somewhere that I can find info on any of this? I know my father wanted to make sure that in the event of his death me and my sister would be financialy secure to go to college etc. Thank you for your time.
2 Answers from Attorneys
Re: What am I entitled to of my fathers estate?
Neither you nor your mother could (in MA) simply agree to change the guardianship to your stepmother. You would have had to have a petition and hearing and court order allowing her appointment and she might have had to post a bond to qualify. If you were 12 or older, the court might have asked you what you wanted. You might have signed an assent.
As the guardian of a minor, your stepmother would have had the right, indeed the obligation, to collect your father's assets and use them for the benefit of you and your sister, if there were no other surviving children, and take her share as susviving spouse. (See Mass. Gen. Laws chapter 190, s. 1, c. 191B s. 5 and c. 196, available online and at most public libraries and county law libraries.)
If there was a will, you have to read the will.
Anything that was to be yours, for example if you were the beneficiary of a life insurance policy, was yours and not hers. As guardian she had to take those funds and use them for your benefit. MGL c. 201 s 38.
The answer with respect to the house may depend on the will and/or the deed that existed at the time of your father's death. If they were both on the deed as tenants by the entirety (usual for married people), she took the sole title on his death. If as tenants in common, his share belonged to her and to his children.
The simplest thing is to check the probate court records for any administration or probate of his estate, and guardianship petition, make copies and take them to me or some other attorney who can review them and give you a more definitive answer. If there was no administration or probate, unless a lawyer handled matters related to his death so you could ask him/her for information and documents, if your stepmother does not want top cooperate, you may never be able to find out for sure, except for the real estate transactions, which had to be recorded and should have had a form filed indicating if the estate tax was released as to the real estate.
Or pay a lawyer a lot more money to do the gathering and copying, and then explain what happened and what should have happened.
Re: What am I entitled to of my fathers estate?
Make copies of the Accounts filed in your father's estate at the Probate Court where it was probated which will show what was done with the assets. If their was a potential conflict between your interests and those of your step mother who was also your guardian the court should have appointed a guardian ad litem to protect your interest. Check the probate records for the report of any such guardian ad litem or for accountings by any guardian for you at the time. Good Luck!
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