Legal Question in Wills and Trusts in Massachusetts

My mother recently passed, she was divorced from my father in 1991 and she remarried. She has no blood related children besides me and my 2 other brothers. Do we have a claim to her estate.

Asked on 4/06/11, 6:49 am

2 Answers from Attorneys

Denise Leydon Harvey Harvey Law Offices

I'm sorry to hear about your mother's passing.

If your mother had a will, the terms of the will provide the instructions as to how her estate should be divided. If she did not leave a will, the state has determined, by statute, that her surviving spouse shall receive half of her estate and her surviving issue (you and your brothers) should share the other half equally among you.

Please let me know if I can assist you in any way -

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Answered on 4/06/11, 6:57 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

I am very sorry to hear that you have lost your mother.

Your mother's probate estate will be divided according to her will, if she left one. If your mother did not have a will, then her probate estate would be divided according to the law of intestacy in the state where she resided at her death - most likely split between children and spouse. Any property or assets that she owned jointly would pass to the joint owner.

If you need some assistance, please do not hesitate to contact our office.

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Answered on 4/06/11, 8:10 am

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