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?

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • 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.

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