Probate Proceedings

[Dave L]

What is the name of your state? Massachusetts

My mother recently passed away. I lived with her with my family as caretakers for 18yrs. She was in process of a will and health proxys. Unfortunately she received the paperwork to sign 2 days prior to her death. They never got signed. In those papers it stated that I and my youngest sister were to be put on the deed as ownership of the house with her and the remainder of her money was to be split among the other three oldest children.

Since she died intestate I decided to be the one take this to probate through the lawyer she contacted as I was to be the executor. After all our discussions I thought this was all set. But my older sister has now changed her mind and wants her share of the house too.

She said her lawyer friend told her that since there are 5 people on the list it will be split 5 ways per state law. There are no options to sign over portions as we thought per her lawyer. Only two of us live in the state.

The only way she will sign for me to be the administrator is if I pay rent if I live in the house and other costs, taxes etc. This can be applied to the estate value or deducted from my portion.

I am thrown by this. I want to keep the house and was going to buy out my other sister whom was to be on the deed.

How long does the state give us to iron these details out. It has been a little over a month since the death.

 

[seniorjudge]

What is the name of your state? Massachusetts

My mother recently passed away. I lived with her with my family as caretakers for 18yrs. She was in process of a will and health proxys. Unfortunately she received the paperwork to sign 2 days prior to her death. They never got signed. In those papers it stated that I and my youngest sister were to be put on the deed as ownership of the house with her and the remainder of her money was to be split among the other three oldest children.

Since she died intestate I decided to be the one take this to probate through the lawyer she contacted as I was to be the executor. After all our discussions I thought this was all set. But my older sister has now changed her mind and wants her share of the house too.

She said her lawyer friend told her that since there are 5 people on the list it will be split 5 ways per state law. There are no options to sign over portions as we thought per her lawyer. Only two of us live in the state.

The only way she will sign for me to be the administrator is if I pay rent if I live in the house and other costs, taxes etc. This can be applied to the estate value or deducted from my portion.

I am thrown by this. I want to keep the house and was going to buy out my other sister whom was to be on the deed.

How long does the state give us to iron these details out. It has been a little over a month since the death.

https://forum.freeadvice.com/showthread.php?t=300603

https://forum.freeadvice.com/showthread.php?t=300095

Q: How long does the state give us to iron these details out. It has been a little over a month since the death.

A: Probably one or two years.


Here's how the stuff will be divided:

http://www.finance.cch.com/pops/c50s10d190_MA.asp

Massachusetts Intestate Succession Laws

If any part of a Massachusetts decedent's estate is not effectively disposed of by will, the intestate share of the estate will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* At a minimum, a surviving spouse is entitled to the first $200,000 of the estate (after funeral expenses, medical bills, etc. are paid).
* If the decedent leaves kindred (but no issue, affectionately known as children) and the probate court determines that the whole estate is valued over $200,000, the surviving spouse is entitled to the first $200,000 plus one-half of the remaining personal and real property. If the personal property is insufficient to pay the $200,000, the surviving spouse may petition the court that shortfall be paid from the sale or mortgage of the estate's real property.
* If the decedent leaves issue, the surviving spouse gets one-half of the personal and real property in the intestate estate.
* If there is no surviving issue or kindred of decedent, the surviving spouse gets the whole estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes in the following order to:

1. Decedent's surviving children and any predeceased children equally, with a predeceased child's children splitting the predeceased child's share equally.
2. If there are no surviving children of decedent, to decedent's lineal descendants, with descendants in the same degree of kinship sharing equally.
3. Decedent's surviving parent or parents equally.
4. Issue of decedent's parents, by representation (as described above).
5. Decedent's surviving siblings and any predeceased sibling equally, with a predeceased sibling's children splitting the predeceased sibling's share equally.
6. Decedent's next of kin in equal degree. If there are two or more kindred in equal degree claiming through different ancestors, those claiming through the ancestor nearest to the decedent are preferred over those claiming through a more remote ancestor.

3. Commonwealth of Massachusetts. If there is no taker under any of the above provisions, the intestate estate passes as a last resort to the commonwealth of Massachusetts. However, if the decedent was a veteran who died while a member of the Soldiers' Home in Massachusetts or the Soldiers' Home in Holyoke, the intestate estate goes to the legacy fund or legacy account of such soldiers' home.

Massachusetts Intestate Succession Law Fun Facts

* A child who is conceived before decedent's death, but born afterwards, is considered to be alive at decedent's death for purposes of inheritance.
* Any kindred of the half blood inherit equally with those of the whole blood in the same degree (e.g., half-brothers or half-sisters share equally).
* Massachusetts' intestate succession laws can be found in Chapter 190 of the General Laws of Massachusetts.

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