Legal Question in Family Law in Massachusetts

Re: ex husband's will (he is deceased)

The short answer is yes. The will remains good, BUT all provisions in favor of the ex-wife are read as though she had predeceased him.

If you would like further help in understanding this will, the probate process, or if you require representation in carrying out the duties as executor, please do not hesitate to contact me.

Re: ex husband's will (he is deceased)

Has the Nisi period expired, ie is the divorce final?

If the Nisi period has run and the divorce is final then the provisions in favor of the ex spouse are invalid.

If the spouse dies before the Nisi period has run, then the divorce is not yet final and the bequests to the ex are valid and or she could claim her spousal share under the law.

Re: ex husband's will (he is deceased)

In Massachusetts a judgment for divorce is not final until 90 days after the entry of a judgment nisi, so if he died within the nisi period, the surviving spouse is an heir. However if the divorce was final, the will is still good, but the ex spouse is treated as if she died before him.