My sibling was living with my step dad for 4 months before his sudden death, now my step brother who was named as the executive of the will has told her she has to leave. What rights does she have?
ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU:
If she is a beneficiary of the will, she may have a right to continue to live there if the will grants her an ownership interest in the house. In Massachusetts, the ownership interest would vest immediately upon the step-father’s death, assuming the estate is solvent. If she is not a beneficiary or if the will states that the property is to be sold, then she is a tenant at will. The Executor is within his rights to have her evicted from the property.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.