Legal Question in Wills and Trusts in Massachusetts

MA law pertaining to leaving spouse out of will

I am currently writing my will. I have been separated from my husband for 10 years but neither one of us has obtained a divorce. I need to know if I can exclude him from my will without having to obtain a divorce. We do not own any property together and he has only paid child support, the absolute bare minimum! Please let me know as soon as you can.

Thank you in advance


Asked on 8/29/99, 2:19 am

2 Answers from Attorneys
Patricia Joyce Law Office of Patricia M. Joyce

Re: MA law pertaining to leaving spouse out of will

In Massachusetts, if you are not divorced and you do not grant to your husband the property or amount of money he would take in the absence of a will, then he can petition the court to nonetheless be granted that amount of money and/or property (called his "intestate share"). Therefore, if you have significant assets you want to protect, you should consider filing for divorce.

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Answered on 8/30/99, 3:44 pm
Stuart Williams

Re: MA law pertaining to leaving spouse out of will

Your husband can take a share of your estate no matter what you write in the will; it's called a forced share.

Get a divorce or get your husband to sign away his rights

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Answered on 8/30/99, 5:34 pm


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