My brother died without a will can I contest who gets the family home as his sister or would it just go to his children
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My brother died without a will can I contest who gets the family home as his sister or would it just go to his children
My brother got the home we grew up in and he recently passed away with no will. He and his girlfriend were not married and her name is only on mortgage not deed, only my brother was on deed. Can I contest his children from getting house, can I in anyway take this house from his children?
Asked on July 18, 2019 under Estate Planning, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
When there is no will, a person's estate (what he leaves behind after his death) passes by what is known as "intestate succession." In the state you list in your question (Massachusetts), if someone is not married when he dies but has children, his children inherit everything. A sibling does not inherit when there are children and has no right to challenge the children's inheritance: that they inherit is the law. You have our sympathy, but if your brother wanted to keep the home in the family, he needed to will it to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.