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.

Asked 12 months ago - 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. E. Alexandra Golden

    Contributor Level 18

    9

    Lawyers agree

    1

    Answered . 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... more
  2. Alan J Pransky

    Contributor Level 13

    8

    Lawyers agree

    Answered . 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... more
  3. Steven Kelsey Hemingway

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . 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.

  4. Celia R Reed

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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-... more
  5. David R. Lucas

    Contributor Level 8

    4

    Lawyers agree

    Answered . 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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