Attleboro, MA asked in Estate Planning and Probate for Massachusetts

Q: Ex-husband died, we had 2 kids. His live in girlfriend put all of his assets in storage & claiming they were hers.

We all live in MA, we had twin daughters who are 17 & will be 18 in Feb. He had no children with his girlfriend who lived with him. He definitely had less than $25,000 worth of assets & no will. He had a camper/rv that I was told she transferred the title to herself after his death & she put most of his other assets in storage.. I was trying to be fair with her and so are my children & I only asked her to be fair back. I can understand if it was something they acquired during their relationship with sentimental value but the items include a water heater, a generator, guitar amplifier, guitar, tvs, laptop, a/cs and anything else of any value that she can sell. He owned the house they lived in with his brother & this is the same I lived in when I was married to him, most of the stuff was there when I moved out. He also owed 8,000 back child support when he died. Is there anything I can do right now to freeze the assets in question since I can't file with probate until 30 days have passed

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: You really need to hire an attorney to help you with this. Even if he had a will that left everything to the girlfriend, you at least can make a claim for the unpaid child support. If he did not have a will then most likely his children should get everything.

1 user found this answer helpful

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

A: Your children have priority as they are his heirs unless he had a Will stating otherwise. You also have a child support arrears claim against his estate and should definitely contact counsel ASAP about the arrears and the estate in general as he sounds like he had an interest in real estate and therefore the estate would include that as well unless he had title as a joint tenant with his brother.

1 user found this answer helpful

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