Legal Question in Wills and Trusts in Massachusetts

Only child not being left anything in mothers will

I just had a quick question. My father just recently passed away, and he had no will. Since he's passed, my mother stopped talking to me, and made out her will to leave everything to my son including her house. There's a stipulation that he must be 25 when he gets the house. Is this even possible? Would I have a leg to stand on when she passes? I'm just baffled by this and pretty upset. Just wondering what my options are. Thanks.


Asked on 6/09/08, 1:48 pm

3 Answers from Attorneys

Re: Only child not being left anything in mothers will

Assuming no undue influence and that she is of sound mind, she can leave her estate to whomever she wishes.

I think your best bet is to find out why your mother is angry with you.

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Answered on 6/09/08, 1:51 pm
Denise Leydon Harvey Harvey Law Offices

Re: Only child not being left anything in mothers will

First off, I am sorry for your loss.

Secondly, if your mother and father owned the real estate jointly with right of survivorship (as most married couples do), then the property passed to your mother automatically upon your dad's death. If they owned joint accounts, likewise, they would pass to your mom. Your mother is entitled to leave her own assets to whomever she wishes, including your son or the neighbor's son, if she so chooses. The way it is now, at least she has kept the assets in the family.

You may want to investigate whether your father owned any assets in his own name. If he did and he left no will, you would be entitled to one-half of those assets.

Finally, I agree with the previous answer that you should try to talk with your mother and find out what has made her angry. It could be a simple misunderstanding.

Good luck and please let me know if I can do anything for you.

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Answered on 6/09/08, 2:10 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Only child not being left anything in mothers will

I am sorry for your loss.

The best you can do is try to mend the fences with your Mother for whatever reason she is angry with you, as, provided she is of sound mind she may leave her estate to whomever she so chooses.

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Answered on 6/09/08, 2:47 pm


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