Legal Question in Wills and Trusts in Massachusetts

Re: Does father's will have to go through probate court

First, your father's will should be probated regardless of how the title to the property currently reads.

Second, the answer to your basic question depends on how your father and stepmother held title to the house and/or how your mother and father held title to the house.

Depending upon the value of the home, gift tax issues may be relevant. If the equity is greater than the amount allowed annually for each, they may incurr gift-tax liability or need to use their unified credit. There may be a way to avoid this depending upon how your father's will reads, the size of his estate and the net value of the property.

Please feel free to contact me, if you have additional questions.

Re: Does father's will have to go through probate court

It depends on how the deed was held. In any case, your father's will should be probated. To transfer the property into your name, a new deed must be drafted. In addition, your mother and stepmother may incur gift tax liability or use up some of their unified credit for passing the property to you as a "gift."