Danvers, MA asked in Estate Planning, Real Estate Law and Probate for Massachusetts

Q: Am I entitl My granfather's estate he left to second wife ( not my grandmother). She died and had no heirs.

My father was an only child and has passed on.

2 Lawyer Answers
Jonathan R. Roth
Jonathan R. Roth
Answered
  • Estate Planning Lawyer
  • Salem, MA
  • Licensed in Massachusetts

A: Unless there was a Will or Trust that provided for part or all of the estate go to your father or his children, then you have no claim against the estate.

Peter C Herbst Jr
Peter C Herbst Jr
PREMIUM
Answered
  • Estate Planning Lawyer
  • Braintree, MA
  • Licensed in Massachusetts

A: You should review this with an attorney. A lot can depend on the sequence of deaths. The Massachusetts Uniform Probate Code recently changed these rules and in cases of a second marriage, children & descendants of the first marriage are in fact entitled to a portion of the estate. See Share of Spouse in MGL 190B section 2-102. He also may have had a Will or Trust that altered who his default beneficiaries are.

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