Legal Question in Wills and Trusts in Massachusetts
My father passed away last month without a will. His ex wife thinks she is the executor now. W=His childdren all agreed to have him cremated and share his ashes amongst us. Also she is laying claim to all his belongings. Can she do this??
4 Answers from Attorneys
With the limited facts presented. The Ex-Wife, is an Ex-Wife and has no standing, therefore you can be appointed executor.
I totally agree. She can try but not likely to succeed.
The terms of the will except for her appointment and her share will be probated. You can file for probate and have the court appoint an executor to the extent that the other beneficiaries agree.
Call me with any questionsl
One of the children should get an attorney quickly and file a petition with the court to be appointed administrator of the estate. Please feel free to contact me if you require some assistance.
In almost every divorce, the ex-Wife loses all standing in the deceased's estate. Get a copy of the Divorce decree and separation agreement. She has no standing to be Administrator of his estate.
If you need assistance please feel free to contact me.
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