Stepson Named In Will

Massachusetts - My mother and stepfather divorced in March 2001, the divorce was final in July 2001. They remained good freinds after the divorce. My stepfather (he may have been an ex-stepdad but he was the dad I knew) passed away three weeks ago. The Will was never changed after the divorce. I am named in the Will as one of the inheritors to his estate along with his three adult children, who do not want me to be an heir to the estate. (I'm 21). My stepdad's family has taken the Will, gotten an attorney (the one who made up the Will originally) and is probating the estate. We are not sure if it reads "left to my stepson Michael B" or "left to Michael B." My mother's attorney believes that I may have claim to the estate, but is checking further.
Is this how it generally goes with a Will? Am I a rightful heir to a share of the estate, even though my mom and stepdad divorced, and I am named in the Will (my full name is listed). Thank you for any help. My stepdad's family won't let me or my mother set foot on the property.

AUG. 25, 2001

DEAR MBURRN:

It is a very good thing that you have a copy of the will and you at least know that you are named in it! (Who gave you your copy?)

The first thing you should do is to check at the county courthouse (of the city where your father died) to see if the will has been filed for probate yet. In most places it is a requirement that the will must be filed within 30 days after the person has died). If it has been filed, look at the probate file (it is public record) to find out who has been named the executor of the estate (usually a family member or an attorney), who will be responsible for sending you your check after all of the estate affairs have been taken care of (usually takes about 1-2 months). You should make sure that this estate executor has your name and address and phone number so they can contact you about this very important matter.

The executor should have already sent you a letter that mentions you were a beneficiary and that informs you the date that the will will be heard in probate court, but I can't explain the reason why they haven't done this.

Since you are mentioned as a specific beneficiary, your chances are almost 100% certain that you are entitled to a share of this estate. However, a reference book I consulted about Massachusetts probate law states that "children, born or adopted, must be mentioned in the will". I would speculate that as a born child, you would be eligible. IT IS VERY IMPORTANT THAT YOU TAKE YOUR COPY OF THE WILL TO A LOCAL PROBATE ATTORNEY TO ASK FOR HIS/HER ASSISTANCE IN INTERPRETING THE MASSACHUSETTS PROBATE LAW TO FIND OUT EXACTLY WHAT YOUR STATUS IS. Sometimes in probate courts, stepchildren are not treated with the importance or the same legal status as normal children, so you need to find out exactly where you stand according to Massachusetts probate law. The specific provsions your attorney will need to look at are Massachusetts General Laws, Chapter 191, Sections 15 & 20 (and any other sections that the attorney might think are appropriate or relevant).

The fact that the family doesn't want you to be an heir to the estate should be a tip-off to you that you should have your own attorney to represent your own interests to make sure you will get what you have coming to you. I don't think that there is very much that the family could do to disinherit you (they almost certainly have to produce the original will to probate court that also names you as a beneficiary), but they might try to produce another will that is signed with a fraudulent signature, or try to hide some of the estate assets so that your share would be less.

Get your own attorney as soon as possible. I guess you could reasonably wait for the executor to get in touch with you, but I somehow think they are going to try to stall or delay the process to try to keep you in the dark, if they don't like you, so I don't think they are going to go out of their way to try to keep you informed about what is going on. You also need an attorney so you can ask any questions about this matter that you don't understand or to get a second opinion about anything the estate executor might tell you.

Good luck! You seem to be a very responsible and intelligent young man who loved his stepfather very much, and obviously,
your stepfather felt the same about you if he cared enough about your future to leave you an inheritance!

SINCERELY,

[email protected]

Thanks so much for your reply, and your compliment. Yes..I loved my stepdad very much, he was the only dad I ever knew, and remained close freinds with my mom after their divorce, which was an amicable divorce. This is what is going on as of now...we don't have a copy of the will, my stepdad's brother and three adult kids took it. My mom and stepdad had the will drawn up after they were married, and she told me that my name is specifically in there, for sure. The attorney who is advising my mom on other matters pertaining to the estate is going to represent me in this matter. He is supposed to be getting a copy of the will and has been in contact with the attorney representing my stepdad's family...the same attorney who drew up my parent's will. We've been told that the house is going into probate, but we've been checking the legal notices and haven't seen anything yet. (he died Aug.2) My stepdad's family and kids disowned him years ago, resurfaced when my stepdad was dying, and then cleaned his house out two hours after his death. The attorney who is going to represent me most likely will remind the family's attorney that I'm in the will too, but it looks like they're all stalling on their end. My mom's name is still on the mortgage too, along with other bills that my stepdad never took her name off of, and she has been told by the mortgage company that she can assume the mortgage, they can foreclose on the house and then transfer the deed back over to her. (she signed a quitclaim deed at the divorce hearing but the mortgage company has no copy of it...only the original title of ownership which my parents signed when they mortgaged the house). The house is heavily mortgaged, it has no equity, my stepdad's family wants the house foreclosed upon but doesn't want it going to my mother for spiteful reasons. We were even barred from attending the funeral. The family's attorney is supposed to be representing the estate, and my stepdad's brother was named executor (or administrator, I'm not sure). It was my stepdad's last wish to have myself and my mother take over the house, and that's what we'd like to do. Unfortunately he never had an attorney make up a document stating these wishes. Since I'm stationed in North Carolina (US Marines) and this fiasco is taking place in Massachusetts, my mom would like to enter the property and see what damage the family has done to it, (the neighbors told my mom that the family trashed the place after they cleaned it out)...but is afraid to since she has no legal rights to the house. The mortgage company is getting involved with this, they want to help her take back the house, and may have a representative accompany her to the house to inspect it. It's one big mess...but hopefully the end result will be that my mother and I get the house back, with the mortgage company's help, so that we can carry out my stepdad's last wishes.
Again, thanks for your advice and suggestions, it is greatly appreciated! take care..Mike