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I am a single mom who has a 2 1/2 year old. i was never married and lived with my sons father on and off. i am not on the house.

Dracut, MA |

my sons dad passed away unexpected no will ,no life insurance. my question is what is my son titled to

Attorney Answers 5

  1. One critical question -- was the birth father on the birth certificate? If so, that makes things legally easier.

    If your son was the decedent's only child, he is entitled to inherit the entire estate. The probate court will require that you become your son's conservator for the purpose of managing the inheritance on his behalf. If he is not the only child, the estate will get divided into as many pieces as there are children now living and any children of deceased children.

    Given that the house is a valuable asset, you should seek the assistance of a probate attorney to file the necessary paperwork and to be sure title is properly passed.

    E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

  2. Attorney Golden has asked the critical question- is the father listed on the birth certificate? If not, can you prove paternity. A child cannot inherit unless paternity is established. So your child could inherit the entire estate, inherit equal shares with other siblings or not inherit anything if paternity cannot be proven.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

  3. I agree with Attorney Golden but you don't state if the father was married to another person. If he died with a surviving spouse, your son will not inherit the entire estate.

    THIS COMMUNICATION DOES NOT CONSTITUTE THE CREATION OF AN ATTORNEY-CLIENT RELATIONSHIP. Legal rights vary greatly depending on specific facts, and it is impossible on the basis of the recitation of a few facts to determine whether or not an individual has a viable case, what is the full range of options, or what limitations exist which may bar an individual's potential claims. ON THE BASIS OF THE INFORMATION PROVIDED TO ME, I RECOMMEND THAT YOU PROMPTLY CONSULT AN ATTORNEY TO DETERMINE THE SCOPE OF LEGAL RECOURSE, IF ANY, YOU MAY HAVE. YOU SHOULD NOT RELY ON ANYTHING I HAVE STATED AS ADVICE TO DO ANYTHING OTHER THAN TO CONSULT AN ATTORNEY TO DISCUSS FULLY AN APPROPRIATE COURSE OF ACTION.

  4. I agree with Attorney Golden. You didn't mention if your son's father had a spouse. If he did, and the spouse is still living, the spouse would be entitled to everything.

  5. If your son's father never got married to anyone else, then your son is entitled to an equal share of his estate with all of his other children, if he had any other children

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