Pittsfield, NH asked in Probate for Massachusetts

Q: father died and stepmother was put on house and camp that was purchased before marriage. no will , who gets property

I'm sure that stepmother has will and has put her kids on it so that when she dies they get the property. Are the biological able to claim any of the property. And if stepmother dies and would it still go to just her children in Beverly MA

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Probate Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: Hello, if your stepmother was given title in some way to the real estate, then depending upon whether it was a complete transfer into her sole name or in joint names as a tenant by the entirety or as a joint tenant with the right of survivorship then stepmother owns the property. However, it the property was held as tenants in common, then your father's estate still has an interest in the real estate, but there are laws of intestacy which give the stepmother certain rights, also. I highly recommend you meet with a Probate attorney to go over your situation and at your earliest opportunity.

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