intestate laws massachusetts

UPDATED: Oct 1, 2022

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intestate laws massachusetts

If my father only married 1 month before he
passed, can i fight for full house from his
wife of 31 days in massachusetts. she lived
with him for 2 months prior to their marriage.
and the house was only in his name.

Asked on April 3, 2019 under Estate Planning, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since you don't mention a will, we will assume there is none; if there is a will, re-post your question with detail about what it says. 
In your state (MA) when someone dies leaving behind a spouse (the new wife) and a child not from that spouse (you), then under the rules for "intestate succession" (who gets what when there is no will), the spouse inherits the first $100,00 of value (cash, investment, equity in real estate, personal property, etc.) of the estate and 1/2 everything over $100,000; the child inherits the other 1/2 in excess of $100,000. So she will inherit more than half the estate (all of it, if the total value is less than $100k) and you will inherit less than 1/2. If the house is worth more than $100k, you will both end up with an interest in it.
It does not matter how long they were married--only that they were.

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 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.

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