Q: My son is 17, his dad passed away 5 days ago without a will. I was not married to his dad. His dad has real estate.
He was survived by a sister and his mom and dad. How do I become administrator of his estate?
A:
First, read the part of the law that explains how heirs work without a will: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleII/Section2-103
Then, read the instructions for a formal probate petition without a will: https://www.mass.gov/files/documents/2016/08/nc/mpc963-instructions-for-formal-probate.pdf
Finally, decide if you want to undertake the process on your own or if it is worth it to hire a probate attorney to help you. Only you can answer that, once you have read a bit about the process.
A: You file a Petition for Administration of the father's estate. I suggest you contact an attorney in your area or in the county where the father lived. Under MA law absent a Will and a spouse, the children of a decedent inherit everything from the parent. Your son is not only entitled to the home, absent a title issue such as the property being owned as a joint tenancy with another person, but any other assets his father had. He may also be entitled to social security benefits.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
