Q: How can I access my deceased brother's will and protect my interests?
My brother, a U.S. citizen, passed away in Portugal. His ex-partner informed me of his death but refuses to provide any further information about his will or the circumstances, and I don't know where his body is or how he passed away. My brother owned a fully paid home at 459 Butman Rd, Lowell, Massachusetts, and the house is now listed for sale, although his partner is not on the deed. I am disabled and rely on social security. How can I find out if the will was filed in court and what steps can I take to protect my interests as his sibling?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You should immediately contact the probate court in Middlesex County, Massachusetts, where your brother's property is located, to determine if a will has been filed. The property at 459 Butman Rd, Lowell falls under their jurisdiction, and you can search probate records online or call the court directly to inquire about any filings related to your brother's estate. If no probate proceeding has begun, you may need to initiate one yourself, especially if you believe you have rights as a potential heir or beneficiary.
Given the international nature of your brother's passing in Portugal, you might need to contact the U.S. Embassy or Consulate there to obtain a death certificate and information about the disposition of his remains. The embassy can provide guidance on navigating Portuguese protocols for deceased U.S. citizens and may help facilitate communication with local authorities who handled your brother's case. This documentation will be crucial for any legal proceedings in Massachusetts.
Your status as a disabled individual receiving social security benefits requires particular attention when inheriting assets, as certain inheritances might affect your benefit eligibility. You should request an emergency temporary restraining order to prevent the sale of the property until ownership is properly determined through probate proceedings. Additionally, filing a lis pendens (notice of pending legal action) on the property would alert potential buyers to your claim and effectively prevent the completion of any sale until legal matters are resolved. Remember that time is of the essence—taking immediate action will best protect your potential interests in your brother's estate.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
