Legal Question in Wills and Trusts in Massachusetts

This is a difficult situation, and I have seen it before in my practice.

The family can certainly attempt to fight it based upon the fact that there was a separation agreement or divorce decree indicating that the parties had completely and equitably divided their marital estate, and that neither was entitled to anything further (if this is true).

On the other hand, one could certainly argue that the deceased had ample time and opportunity to change beneficiaries (if that is true) and did not. The outcome of any dispute may come down to the specific facts and actions in your case.

If there is a substantial amount of money at stake here, you can expect that it will be litigated over. Please feel free to give me a call as soon as possible if you would like to discuss your options here... which might include some equitable split of the proceeds as a settlement of this matter.

Chris Vaughn-Martel 617-357-4898

AS I recall, the divorce action may nullify the designation.