Legal Question in Wills and Trusts in Massachusetts

Re: prenuptial agreement and death

Your question does not identify your interest in the proceeding. Are you the surviving spouse? Domicile is the first issue to resolve here: in a nutshell, domicile equals presence and intent to remain, as evidenced by many factors (such as owning a home, voting, car registration, and many more). The estate of the decedent will be probated in the state in which he was domiciled at death. If that is Florida, you may want to contact a Florida attorney. As a Massachusetts lawyer, however, I could advise you as to the effect of the Massachusetts prenuptial agreement. If he was domiciled in Massachusetts, the estate would be probated in Massachusetts. It would be necessary to look at the prenuptial agreement itself, and the way the assets were held at the time of death (for example, the deed to the Florida house).There may be a possibility of the surviving spouse contesting a will (if one surfaces), contesting the prenuptial agreement, or asserting her statutory right to a share of the estate. In Massachusetts, her share may be the first $200,000 plus half of the amount over $200,000 (putting it in simplified terms, as it is more complicated than that). Citizenship does not affect marital rights as to inheritance. Please feel free to contact me for an office appointment if you would like me to review these documents with you.