Legal Question in Elder Law in Massachusetts
Is a spouse,living in Massachesetts (married 23 years) entitled to half their property, (in this case the home they reside in regardless of what the will states?
1 Answer from Attorneys
First, if the deed say they own it be tenants by the entirety or joint tenants, the Will has no impact on the ownership, it overrides anything in the Will.
A Spouse can elect to take property under the Intestacy Statute and void the Will to the extent it provides less than that minimum under the Statute. Which as memory provides is the first $200K and then half of the estate thereafter after paying all debts and bills. In determining the amount, the value of items left directly to the spouse can be included.
Unless there is a marital agreement or pre-nup agreement, the wife can seek her portion under the intestacy statute.
Related Questions & Answers
-
I am financially indigant. Any reason I need to make a will for my children? Asked 10/11/13, 9:39 am in United States Massachusetts Elder Law
-
Would paying off a home equity line of credit with present assets and keeping it... Asked 10/05/13, 7:34 am in United States Massachusetts Elder Law
-
I live in Massachusetts , I a'm Conservator for my Sister in Connecticut , my... Asked 6/29/13, 11:47 am in United States Massachusetts Elder Law