Legal Question in Wills and Trusts in Massachusetts
Who has rights to belongings and property
Recently my mother passed and all confusion has broken out. As far as anyone knows she did not have a will. She was not married but did have a long time, live in boyfriend. They both owned a lot of properties but as far as we knew they were all in her boyfriends name. I just found out at the registry of deeds that one of them was in my mothers name until 2 weeks after she passed when it somehow went back into her boyfriends name. How does this happen? I don't know where to begin dealing with this. Along with this, myself or 3 other siblings have not seen any bit of her belongings or life insurance. Everything we know comes through her boyfriend that I just don't trust anymore. Could you please point me in the right direction on what to do so we can at least get a piece of something that meant something to her? Thank you.
1 Answer from Attorneys
Re: Who has rights to belongings and property
First, please accept my condolences on your Mother's passing. You should retain an attorney to require disclosure of any Will she may have had. If she died without a will, that dictated otherwise, and without a surviving spouse, all that she possessed in her own name would pass by intestate succession to her surviving children in equal shares. Property she owned jointly with another, however, would pass directly to the surviving co-owner, which may account for the real estate at the Registry of Deeds passing into the boyfriends name after her death unless she had signed a deed to property she owned and entrusted it to her boyfriend or an attorney to be held in escrow and recorded after her death. All of these actions are subject to challenge for undue influence. Thus, you and your siblings should retain an attorney to advise you accordingly. Good Luck!
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