Brockton, MA asked in Probate for Massachusetts

Q: Looking to hire and get questions answered about estate and inheritance law in PR.

My husbands father passed away in 2015. We we told he owned property and arent sure if he had other assets. He has two chilrden my husband being one and his sister. When he passed their aunt to control of everything and included them in nothing. We are looking to find out if everything was done legally and obtain a death certificate . We live in the states (Massachusetts) and i have emailed 3 attorneys from this site without any response. My husband wants to find out what he and his sister are entitled to if anything.

Related Topics:
2 Lawyer Answers
Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Probate Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: Hello, If your father in law was not a resident of Massachusetts, then it is not a Massachusetts matter unless there was property in Massachusetts in which case what is referred to as an Ancillary appointment would be needed, but this is would entail the same person being appointed in Massachusetts. Hope this helps.

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: You didn't say where your husband's father in law lived when he passed. It is in that locality where a probate of an estate would have been opened. If it is nearby you can go to the courthouse yourself and check to see if a probate was opened and look at the file. It is public information. If it is out of town for you, you can try to find a local paralegal or other attorney service to check the courthouse records for you. Or you might try calling.

It is also possible that your father in law had no probate estate. All of his assets might have transferred automatically via beneficiary designations or pursuant to a trust. You might hire an asset search service to see if they can find any assets that are or were titled in a trust.

There is not much more any attorney can do to make suggestions without knowing which state was your father in law's domicile. We do not assume that because you are domiciled in Massachusetts that he was also.

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.