BarbfamilyMarcelle Harrison’s family has lived in a three-story home near Central Square in Cambridge, Massachusetts for close to 40 years, during which time four generations laid their heads. Now she may have to relocated because her stepfather died intestate in 2011 after the passing of her mother two years prior, meaning that legally her stepfather’s blood relatives back in his native country of Barbados have a stronger claim to her childhood home.

Harrison, 64, received the news in a letter the day before Thanksgiving. The home was purchased by her parents in 1980 for $23,000 but was now worth more than $1 million. Her stepfather, Noel Aimes, never learned how to properly read or write but had every intention to leave the home to the family that lived in the house, according to Harrison. “Since you were not an heir-at-law, your appointment is in jeopardy of being set aside,” wrote Gayle Stone-Turesky, a Boston lawyer who was appointed by the state as a public administrator, who is brought in to handle estates where there is no will and no blood heir living in the state.

An attorney for the niece and nephew in Barbados said that they intend to sell the property once the case is settled.  They are the children of Noel’s sister, the only family member he appeared to be close to once he had moved to Boston. According to Harrison, the aunt passed away in 2001 and the niece visited Noel once, presumably for money while passing through the Commonwealth.

Harrison’s neighbors are outraged by her predicament and have started a GoFundMe page to assist in legal fees and to possibly attain a bargaining chip. She appears to have a strong case to be reimbursed at least for the taxes she paid on the property, any improvements she made to the house, and even her care of her stepfather in his final days. She may be able to work out a deal with the niece and nephew so that her and her family remain in the cherished family home.

See Maria Cramer, A Patriarch Leaves No Will and the Home he Meant for his Cambridge Family May be Lost, Boston Globe, February 7, 2019.

Special thanks to Joel C. Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

Photo of Gerry W. Beyer Gerry W. Beyer

Dr. Gerry W. Beyer joined the faculty of the Texas Tech University School of Law in June 2005 as the first holder of the Governor Preston E. Smith Regents Professorship. Previously, Prof. Beyer taught as a professor or visiting professor at several other…

Dr. Gerry W. Beyer joined the faculty of the Texas Tech University School of Law in June 2005 as the first holder of the Governor Preston E. Smith Regents Professorship. Previously, Prof. Beyer taught as a professor or visiting professor at several other law schools including Boston College, Boston University, The Ohio State University, Southern Methodist University, the University of New Mexico, Santa Clara University, St. Mary’s University, and La Trobe University in Australia.

Prof. Beyer is admitted to practice in Texas, Illinois (inactive), Ohio (inactive) and before the United States Supreme Court and the United States Court of Appeals for the Armed Forces.

Prof. Beyer is the recipient of dozens of outstanding and distinguished faculty awards from three law schools including the Chancellor’s Distinguished Teaching Award, the most prestigious university-wide teaching award at Texas Tech, the 2015 President’s Academic Achievement Award, and the Outstanding (Law) Researcher Award in 2013 and 2017.

As a state and nationally recognized expert in estate planning, Prof. Beyer is a highly sought after lecturer. He presents dozens of continuing legal education presentations each year for many national, state, and local bar associations, universities, and civic groups. In recognition of his expertise and contributions to the legal profession, the National Association of Estate Planners & Councils inducted him into the Estate Planning Hall of Fame in 2015. In 2022, Prof. Beyer was awarded the Distinguished Probate Attorney Lifetime Achievement Award by the Real Estate, Probate, and Trust Law Section of State Bar of Texas.

Prof. Beyer is the editor of the most popular estate planning blawg in the nation which after being named for five consecutive years to the ABA Journal’s Blawg 100 was awarded Hall of Fame status in 2015.

Prof. Beyer is the author of dozens of books and hundreds of articles focusing on various aspects of estate planning, including a two-volume treatise on Texas wills law, an estate planning law school casebook, and the Wills, Trusts, and Estates volume of the Examples & Explanations series. He has four times won awards from the American Bar Association’s Probate & Property magazine for his writing. He is one of the most often downloaded law authors on the Social Science Research Network with a ranking in the top .001%.  Prof. Beyer is the Editor-in-Chief of the REPTL Reporter, the official journal of the largest section of the State Bar of Texas, the Real Estate, Probate and Trust Law Section.

Prof. Beyer serves as a mentor to many students and various law school organizations as well participating regularly in pro bono activities. He is the advisor for the Estate Planning and Community Property Law Journal and its annual seminar, the Black Law Students Association, and the Estate and Property Law Society.

Prof. Beyer received his J.D. from the Ohio State University (summa cum laude) and his LL.M. and J.SD. degrees from the University of Illinois. He is a member of the Order of the Coif, an Academic Fellow and former Regent of the American College of Trust and Estate Counsel, a member of the American Law Institute, and was appointed by the Uniform Law Commission as the Reporter for the Uniform Electronic Estate Planning Documents Act and the Integration of Probate and Non-Probate Transfers Study Committee.