Legal Question in Family Law in Massachusetts

Re: legal separation

The fact that you are not yet divorced means that the parties were still legally married when one of them died. The separation has no legal effect. Any jointly held property where there was a survivorship right, e.g., joint tenancy, would go to the surviving party. The wills of the parties remain in effect, though provisions to the other spouse would be cancelled if there had been a divorce. If a piece of property was in the decedent's name, the survivor can claim a share (if it is not left in the will to the survivor) by taking the "marital share" of the estate.

Re: legal separation & death.

The bottom line is that you are considered married, and all actions subsequent to the death, including issues related to property are dealt with as a married couple.

If you are concerned about what has transpired to you or someone you know, and the implications, please contact me.