Legal Question in Wills and Trusts in Massachusetts

Re: Step mother claims no will

First you can contact your father's attorney, if you know who that is, and ask him if he ever prepared a new Will for your father. you should also talk to your uncle and see what he knows.

You could contact your step-mother and thank her for the Will she sent, but that is not your father's will and you know he had one several years ago. If there is not a new Will does she have anything that shows he revoked the old one.

If your father died without a Will, property held by Tenants by the Entirety will go to her as well as any Life Insurance proceeds so directed and his retirement benefits as well. All other property has to be divided in accordance with the State Statute and your step-mother would not be entitled to it all, in fact probably only a third if you have siblings.

You then should contact an attorney and you can file a Petition to open an estate for your father and that will require that a Will be filed if there is one. Your father could have revoked the Will, but absent a statement revoking the will in writing, that needs to be proven.

Your father also could have transferred assets to your step-mother. You should understand that if you take action and your step-mother has been given all or almost all of your father's assets, then you will risk being removed from her Will.

If I can be of assistance please do not hesitate to contact me.