Legal Question in Wills and Trusts in Massachusetts
my wife aunt was widowed and in her uncles will the aunt was to receive only the interest monthly from her husbands bank accounts and upon her death all the money is to go to his side of the family is this legal??
3 Answers from Attorneys
More information is needed here -- was the aunt completely disinherited by the terms of the will except for the income from the bank accounts? If so, it may be possible for her to claim a larger share of the estate under the spousal share rules. She needs to consult an experienced probate attorney, who will review the documents carefully and explain her options to her.
Per usual, I am in agreement with attorney Golden. Generally, the law provides that a spouse may not be completely disinherited. A spouse who is disinherited may, in some cases, be able to claim a share of the estate simply by virtue of being married to the deceased. Your wife's aunt should speak with an attorney as quickly as possible. Good luck.
The husband is obligated to provide the minimum to the spouse which is at a minimum the disposable net income from the estate. More information is needed. Your wife's aunt needs to speak to an attorney as soon as possible.