Legal Question in Wills and Trusts in Massachusetts

The best route would be for her to write a will, leaving her assets to her son. As the will may be contested by the husband, it is important that you find an attorney with experience drafting wills in anticipation of will contests. While I don't do this work myself, I would be more than happy to make a referral to someone who did a will for a client of mine, and with whose work I was very pleased. Email me at: [email protected]

I agree with attorney Jacobson that your Aunt can use a will to disinherit her husband. Her husband will have a statutory right to some part of her estate, and any property titled in her and her husband's names jointly will pass to him automatically. She might also consider a trust, which could potentially remove certain assets and property from her probate estate. She should sit down with an attorney to discuss her options. I would be happy to speak with her.

While as the two other attorneys have suggested that a Will can be used to disinherit a husband and it can be challenged under MA statute which provides spouse shall get the first $200,000 of assets and then 1/2 of the estate, your aunt can make a gift to her son in advance. She could create an irrevocable trust reserving a life estate to herself. This all depends on how her assets are held. You need to consult an experienced attorney for assistance.

Since her husband has a statutory right to challenge a will that disinherits him, your aunt should consult with an attorney about drafting an irrevocable trust that names her son as sole beneficiary. Good Luck!