Legal Question in Wills and Trusts in Massachusetts

Re: probate process

If one spouse dies owning property in their name, it will go into the estate of that person and be probated in due course. Assuming it is the marital home, the Spouse will make dower claims for the home.

If the deceased has a Will, the terms of the Will be carried out. If there is no Will then the statutory process will proceed. The Wife's rights by statute will depend upon whether there are children or not and if there are siblings etc that make claims.

: probate process

If they are married, and barring some form of trust or prenuptial, they are probably considered marital property in Mass.

If you have questions, contact me.