Legal Question in Real Estate Law in Massachusetts

When I am deceeased, can stepchildren from a 2nd marriage put any claim against my house

(due to my husband will "own" 50% of my home after we are married.) My children will be

living there and i don't want them to lose it. Would I need a prenuptual agreement for this?


Asked on 6/21/10, 1:45 pm

3 Answers from Attorneys

Jonas Jacobson Law Offices of Jonas Jacobson

You need an estate planning attorney, and an attorney who can write you a prenuptial agreement.

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Answered on 6/21/10, 4:51 pm

First, you need an estate plan and a prenuptual agreement. It is not automatic that your new husband's name goes on the deed of your home. What he does have is a spouse's claim as to the family home and a statutory claim as a spouse by law.

More information is required to give any substantive advice to yo, so I suggest you contact an attorney as soon as possible.

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Answered on 6/21/10, 5:01 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree with the previous answers given. You need to speak with an estate planning attorney. How has your husband come to own 50% of the home? The details are very important. Please feel free to contact my office 617-357-4898.

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Answered on 6/22/10, 7:54 am


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