Legal Question in Wills and Trusts in Massachusetts

Re: wills, probate

If she has no will, her property will pass according to the laws of intestate succession of the state of New Hampshire.

You should encourage her to create a will. A will can make it much easier for family and loved ones after a passing. A will enables your mother to name a personal representative, who will be responsible for administering her estate.

Depending on the size of your mother's estate, it may also be possible to lower her potential tax liability and preserve her property.

Without a will, your family and loved ones are left to guess at what you might have wanted.

Re: wills, probate

I do not know the rules of intestacy in NH. However, I suspect that they are similar to MA in this regard. If so, then you and your brother get half shares of your mother's estate. Since your brother is deceased, his share will go to his children. If they are underage, then their assets will probably be transferred to your sister-in-law.

All of the other points raised by the Attorney Vaughn-Martel are very important points to consider as well.

Hope this helps.