Legal Question in Wills and Trusts in Massachusetts

The surviving spouse is entitled to a share of the estate under the law; however, the remainder of the estate must be distributed as directed by the Will. If the surviving spouse is the executor and is acting against those directions, he can be removed from his office and forced to reimburse anyone who was denied his or her fair share.

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The Spouse may elect to exercise her statutory rights against the estate but the remainder of the estate must be distributed in accordance with the Will.

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Both answers above are true and correct. The law protects a spouse from being deprived of a percentage of the monies

Maurice LaRiviere, Jr

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