Legal Question in Family Law in Massachusetts

Death of Spouse prior to final divorce

If a spouse dies prior to the final divorce hearing does the wife still receive all death benefits? Even if the deceased intended for the money to go to his children from a prior marriage? The existing will still has the wife as the beneficiary.


Asked on 5/23/05, 9:47 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Death of Spouse prior to final divorce

The marital status at the time of the death controls. I believe that you also need to move to dismiss the divorce action.

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Answered on 5/23/05, 9:55 am
Joseph Murray Joseph M. Murray, Esq.

Re: Death of Spouse prior to final divorce

Yes. Marital status at date of death controls.

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Answered on 5/24/05, 2:14 pm


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