Legal Question in Wills and Trusts in Massachusetts

Estate
My Son Dad Died Two Months ago.His Dad Have Two Other Children He Married Some One Else Other Than his children's mother .He Had a Home Before He got Married His Bank Accounts He Had before he got Married Had No Will. No one name is on his bank accounts but his own.Who is entitled to receive the money from his account.He has been married for 7 yrs and him and his wife have no children together and no one name is on the house other than himself. Who get's the Home. His wife wan't 50% of the home is that possible. His Pension was left to his children he had them down as benifictiaries.

Asked on 7/18/08, 6:58 pm

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Re: Estate

If your husband had two or more children and died without a will, the estate passes by statute.

Under chapter 190 subsection 1 section 2, it provides the spouse takes as follows:

If the deceased leaves issue, the survivor shall take one half of the personal and one half of the real property.

So yes she gets 1/2 and the chilren split the rest equally, that is unless there is a claim by divorce decree that requires something else.

Answered on 7/18/08, 7:10 pm

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