Lowell, MA asked in Probate for Massachusetts

Q: My brother died and his wife died hours later in New Orleans. She had a daughter from a previous marriage who was never

adopted by my brother. No wills. I am my brother's only living relative. Do we both share the community property?

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

A: So when your brother died assuming he was a Massachusetts resident , then depending upon the remaining facts as to the size of the estate and whether he had children or if not , if he had surviving parents the surviving spouse could be sharing with the child or his parents. From your comments you are the only surviving relative so that would be you instead. However, there is still a question on the timing/order of the death being established.

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.