Q: How to proceed with parents death. Any suggestions?
Mother died Intestate '97, and Father died Intestate in '17, both in Massachusetts. Their home Deed was "Tenants in Common". When looking into my Fathers estate and what needed to go to Probate, it appears as if my Mother never had her estate settled after her death. Now the five children are wondering how to proceed, as the house cannot be sold until all is clarified. Does my Mothers estate need to be opened for probate after 20yrs? How can I find if it ever was? Any suggestions on how to proceed?
Thank you, Mystified Family
A: With regard to obtaining information about whether a Probate of estate petition was commenced, you can check the Court's docket for the county where your mother resided at the time of her death. If nothing was filed, then a Petition for Formal Probate can be filed as her death preceded the Probate Code and her spouse and children would each own half of her half under the former laws of intestacy.
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