Legal Question in Wills and Trusts in Massachusetts

Must I Split Estate?

Dad passed away less than two years into his 4th marriage. They were not getting along and in his will left me, his only child, all of his estate and he specifically left wife out of the will. He had a car and inheritance money (from the sale of his home before he died, she never lived in the house and was not a joint owner) in his own bank account that he did't share wtih her. None of his stock accounts which was also inherited stock before marriage were in her name. I felt bad that he left her nothing and told her I'd split with her. However we then discoverd a life insurance policy on which she is the beneficiary. She cashed it in and now still wants me to split all of his assets which is all inherited before their marriage.She signed off on the probate papers as she thought I'd split. Probate is over and since they were not getting along anyway and she did get the insurance policy, am I legally obligated to sell the stocks like she wants me to and his antique car and the money in his bank account and split with her? There is less than 150,000 in assets to the estate. I want to know if she could sue me for not going through with this? What are her rights in this matter and mine? Thanks


Asked on 9/04/04, 7:47 pm

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Must I Split Estate?

Since Massachusetts law provides that a widow would have a right to challenge a spouse's will that excluded her, it is presumed that she forewent that in reliance upon your promise to "split" with her which may make your otherwise unenforceable oral promise, legally enforceable. Perhaps you should retain an attorney to advise you what the specific facts in your case warrant.

Read more
Answered on 9/08/04, 1:08 pm


Related Questions & Answers

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