Thursday, February 14, 2019

Trouble Don't Set Up Like Rain
Marcelle Harrison’s mother and step-father, both of whom were Barbadian immigrants, purchased a house in Boston in 1970 for $23K. Her mom died in 2009. Her step-father died without a will two years later.
Now, Harrison and her multi-generation family are being forced to leave the $1 million home because they are not the legal owners. Because her step-father died without a will, his closest living relatives, nieces and nephews who live in Barbados, will inherit his estate. A state representative who lives across the street said “It shocks the conscience to think that this low-income, Barbadian family could be displaced, really out of the blue.”
A few points, some of which I have made before:
1. The legal outcome is correct - under the statute of intestate succession, which applies when there is no will, Harrison has no claim on her step-father’s estate no matter how long he was married to her mother.
2. Thoughtful estate planning is important for everyone, but even more so for second marriages and blended families.
3. The local politician might find this outcome shocking, but I am not shocked that a Massachusetts politician would use identity politics to describe the problem while being ignorant of the law.



Photo Credit:  Jessica Rinaldi/Boston Globe
License:  Fair Use/Education (from linked article)