Boston, MA asked in Estate Planning for Massachusetts

Q: I have been married 40 yrs this year. I am on SSDI. We had to sell the family home in 2006.

I now live in my wifes mothers home. It is in my wifes name and my sister in laws brothers name. Am I entitled to any $$ when this home is sold. I have lived in this home for 10 years, My sister in law has been deceased for 7 years this month.

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1 Lawyer Answer
Jonathan R. Roth
Jonathan R. Roth
Answered
  • Estate Planning Lawyer
  • Salem, MA
  • Licensed in Massachusetts

A: Assuming your wife is still living, then no you have no direct ownership rights save as to perhaps your limited rights under CHAPTER 189 DOWER AND CURTESY. If the property is titled as joint tenants and your wife predeceases you, then you probably have no rights. if the property is owned at tenants in common, then you would have a statutory right to inherit at least half of her interest in the property under the Massachusetts Uniform Probate Code or more if you have no living children. I would assume that the home is owned as tenants in common, but you can check that online at the county registry of deeds.

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