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.
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