Legal Question in Wills and Trusts in Massachusetts

I assume you are talking about your father and your step-mother. Did your father have a will? What did it say? Who was your father survived by at the time he died? Who was your step-mother survived by when she died? You don't mention how the house land and money were titled. Generally speaking, though, any of your father's property that passed to your step-mother would probably not pass to you. That being said, it is unknown what percentage of your father's property passed to you and what percentage passed to your step-mother. You should make an appointment with a probate attorney to determine what your father owned and how he owned it, what should have gone to you and what should have gone to your step-mother. Then you will know what, if any, property may rightly belong to you.

If neither the step-mother nor the father had wills, then you were entitled to a share of your father's estate, if there were any "probate" assets (accounts held in his name only, property held in his name only or as tenants in common, etc.) to take a share of. If everything was in the wife's name (jointly owned accounts or property, life insurance, etc.) then it would have passed to her at his death and you would not be entitled to anything from her estate.

If you feel your father had probate assets but you did not receive your share, you should contact a probate litigation attorney. I would be happy to help you. Feel free to call me at 617-859-8966 or email me at [email protected].