Legal Question in Family Law in Massachusetts

legal separation

I am legally separated in MA., and wonder if my husband dies, who is responsible for his burial and assets. Will I have to identify the body and arrange for everything? Before we separated, his will stated me as beneficiary. Since then, I have become sole owner of the home.


Asked on 4/01/07, 3:28 pm

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

Legal separation

Legal separation does not appear connected to a divorce. This is only a legal action for a limited purpose.

The estate of your husband is responsible for the costs and also to his tax liabilities.

If you are the beneficiary under the will, the will designates, usually, that various liabilities are to be paid before a distribution is made. Were you to be divorced, you would no longer be a beneficiary under the will. If you would like to dig more deeply into this issue, contact me.

If you have any other questions, contact me.

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Answered on 4/01/07, 5:09 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: legal separation

You are legally obligated to pay for your husband's necessaries if you are legally married. You are not legally obligated to claim his body or arrange for his funeral.

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Answered on 4/01/07, 5:47 pm


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