intestate laws massachusetts

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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