Legal Question in Family Law in Massachusetts

Re: Marriage vs. Will

Marriage will make your spouse your principal heir at law. Combined with a will it would be virtually impossible for your family to win any litigation. Indeed, I cannot imagine an ethical attorney seeking to "break" the will of spouse to spouse -- as the result is to put the property through the intestacy statute, which gives property to the surviving spouse.

If you are not avoiding marriage for some other reason, marry your partner.

A complicated will/estate plan simply requires a good estate planner who will combine wills, trusts, and other means to assure passage of ownership.

A will/estate plan -and- marriage are as ironclad as you could possibly get.

Re: Marriage vs. Will

It is pretty simple. Either you marry him and give him the protection afforded by that (and accept the legal downside of marriage) or you put your wishes in a will. I recommend having a will no matter what.

One other thing to consider is that if married, you would have a better estate tax situation (if the will is set up correctly).

Re: Marriage vs. Will

A Marriage will give your partner most of the protection you seek but not all. You need a Will and perhaps an estate plan. Those combined will make your desired intent essentially ironclad.

It will be difficult if not impossible for others to challenge your Will. If you have children, simply marrying your partner will not be sufficient.

However, estate planning should not be the reason for marrying someone. A good estate plan can protect your partner whether married or not.

If you want to discuss the matter, please do not hesitate to contact me. There is no obligation.