Legal Question in Wills and Trusts in Massachusetts

Residuary Estate

I have downloaded a will for a divorced person with adult children. But he does not want to leave his Residuary estate to his children he wants to leave it with his spouse of 23 years. They are not married. On the will it says ''leave residuary estates to child(ren):. Could he write spouse on the side of it with her name?


Asked on 1/22/05, 1:35 pm

1 Answer from Attorneys

Re: Residuary Estate

A person who is not married can leave his estate to anyone he or she wants. However, if he intends to disinherit his children, he needs to be explicit in so doing. A Simple Will is not very expensive to have done properly and I would suggest that he retain an attorney to do it properly. If he has a significant estate, there are additional things that can be done to minimize the tax impact.

I am assuming that the person involved is competent to sign a Will at this time.

If you have additional questions, please do not hesitate to contact me.

Read more
Answered on 1/23/05, 11:27 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Massachusetts