Common law Marriage, MA, wills. estates

Edwards Finance > Wills

Q. A couple of general questions. About 6 years ago, my mother passed away. Beforehand, she had verbally expressed to me to me that I recieve her estate. She had made overtures that she had made out a will, but I have never been able to verify this. My questions are as follows: Is common law marriage recognized in Massachusettes? If my mother made a will, how would I know about it, or find out about it? For example, If she made a will, but didn't give anyone the information on the lawyer or executor etc, how would anybody know she really had a will? For example, lets *just say* that the executor never followed the law and actually executed the terms of the will, and hid the fact that there ever was a will? If there was no will (or proof of will), and common law marriage is or is not recognized, would I, the daugther of the deceased, be the next of Kin? Or would that title go to her boyfriend? What does the law say about possesion? For example, if my mom lived with her boyfriend of 15 years and all her possesions were in "their" house at the time of her death, who would these possesions belong to, him, or me?

A. recognizes common-law marriages made in other states, though. The trail's pretty cold after six years. If there was a lawyer she consulted regularly, you could ask him. You could try a private investigator. But if nobody's shown up with a will by now, it's getting unlikely. Check with a Mass. probate lawyer for the rules on how to make a well-formed case that there is no will and that intestate succession should apply. "Boyfriend" is not next of kin. You, along with any of your siblings (and half-siblings) are. If she had other children who are deceased, their descendants are also "distributees", and they are entitled to shares as well. Mass. law will resolve who gets how much. Her possessions are hers, and by intestate succession belong to her distributees. But his possessions are his, and determining what is whose after 15 years of cohabiting and 6 years after her death is going to be challenging. The way I understand it, you would be eligible to be "administrator" of her estate; you could petition to take charge of it analogous to the way an executor would. But you can anticipate a messy estate and a protracted battle with the "boyfriend". I wouldn't do it without a good probate lawyer.

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