Legal Question in Wills and Trusts in Massachusetts

My father died 2015 (brother never told me) 9 months before death I found a quit claim deed my father sold my brother house for $ assuming I have no rights to fight for part of that property..?? but I do believe there is about $2 million (or last I knew) in an account..i do not believe or I can not find any Will in public I have a right to fight for any of this

Asked on 7/11/17, 7:25 am

2 Answers from Attorneys

Alan Fanger Alan S. Fanger, Esq.

Yes, you do, and it may be worth the fight. There may have been valid reasons for the transfer of the property, but if your brother used "undue influence" to manipulate the transfer, a court would have the power to void it, which would put the property into the estate. My website has videos and blog postings on what constitutes undue influence. If you didn't have a good relationship with your father, that might be a defense your brother would assert in any lawsuit.

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Answered on 7/11/17, 8:20 am

Yes, the issue is whether there was undue influence used by your brother or he acted improperly in administering your father's estate. It would appear that you and your father were not very close and that will be used as a defense by your brother. Do you have any other siblings? If so, do they have any information to share?

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Answered on 7/11/17, 12:45 pm

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