ADDITIONAL INFORMATION:

My mom passed away with no will and the deed to her house in Massachusetts should be split three ways between my brother my sister and I but my sister passed away in 2016 her husband remarried in 2017 they have one child who is 40. Who will get her portion her ex-husband or their son?

ANSWER BY MARGARET CROSS-BELIVEAU:

A divorce severs all inheritance rights between a couple.  From your question, you may be using “ex” instead of surviving spouse.

Was your sister’s name on the deed at the time of your mother’s death? If yes, an estate for your sister’s probate may need to be opened to deal with real estate. It depends on the language in the deed (tenants in common/joint tenancy/right of representation) on who gets what. Your sister’s will would control what happens to her share if it were tenants in common. If she didn’t have a will and she was married at the time of her death, then the surviving spouse does have rights in her probate. If she wasn’t married, then he gets nothing and your nephew will inherit it.
If your sister’s name was not on the deed, then we don’t have to worry about her probate. Under the law of intestacy, her share will go down to her son. You will only need to probate mom’s estate.

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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.