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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41019
Experience:  Texas lawyer for 30 years in Estate law
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I live in Massachusetts I have a probate question. The

Customer Question

I live in Massachusetts I have a probate question. The situation is my wife's father recently passed away he was a widower and she is he executor of his will. She is the only surviving child. She had a brother who passed over 30 years ago. We have 2 children and her brother had 1 son. The will states she is the executor but does not state who gets anything. How will assets be divided. Will 1/2 go to my wife and 1/2 to her deceased brothers son? or will she get half and other half be divided between our children and her nephew? or does it all get divided evenly?
Submitted: 6 months ago.
Category: Estate Law
Expert:  RayAnswers replied 6 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 6 months ago.

If the will here left it to her and her brother in most cases the will states it passes to their children if they decease.So likely she gets half and the brother's child gets his half from probate and the terms of the will.As part of probate the court names the legal heirs and their shares but most likely the one child of brother gets his half and your wife gets the other half under MA law.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.Take care.

Customer: replied 6 months ago.
What if he brothers son was born after will was written?
Expert:  RayAnswers replied 6 months ago.

Usually the will reads if the sibling deceases here his share passes to his child or children.So he gets the half here.If there were two born each gets 1/4 and the share would be diluted by the number of children.But an after born child still takes brothers share if he deceases.

Customer: replied 6 months ago.
her deceased son gets half and our children get nothing?
Expert:  RayAnswers replied 6 months ago.

The brother deceased gets half and your wife as I understand it survives and gets her half.Here children don't get anything because she is alive and claims her share.If your wife was deceased her two children would split her half, one fourth each.

So your wife gets the half share due to your family since she is alive.

Thanks for letting me clarify that.

Expert:  RayAnswers replied 6 months ago.

Brothers share to one living child-1/2

Your wife 1/2 since she is alive.