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.
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.
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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.
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