Legal Question in Wills and Trusts in Massachusetts
in the state of ma is the wife entitled to the husbands home if he dies? The house is not in the wifes name and she is not on the mortgage. The house is homestead in the childrens names.
2 Answers from Attorneys
A Wife is entitled to a statutory interest in her husband's estate of 1/2 of the estate. She is not entitled to the house per se.
I agree with Attorney Roth's answer. The house will first pass to other joint owners or remainderman, depending upon how the house is currently owned. Assuming there is no will in place, a spouse would be entitled to a share under the intestacy laws. If you have experienced a death, I strongly recommend that you speak with a probate attorney. If it is not too late, then you should engage in some proper estate planning now to take the mystery out of this. Please feel free to give my office a call at 617-357-4898.