Legal Question in Wills and Trusts in Rhode Island

Re: Marrying a dying man: Can she take the property he left his daughter?

It is unclear from your post what your relationship is to the daughter or the terminally ill testator.

First of all, assuming that the will was created properly under Massachusetts law, and expressly made in contemplation of his upcoming marriage to spouse number two, the will would be a valid and enforceable expression of the testators wishes.

After funeral and burial costs, debts and claims against the estate, and the expenses of administration of the estate, the daughter would be entitled to her share of property as outlined in the testator's will.

As you indicated, however, where a person passes away with a valid will and surviving children, a spouse may "elect" to take one third of the personal and real property of the estate outright. The amount of the share and the surviving spouse's interest in the property change dramatically depending on whether the deceased was survived by children or other family.

For further research, review Massachusetts General Laws Chapter 191, Section 15.

Re: Marrying a dying man: Can she take the property he left his daughter?

It is unclear from your post what your relationship is to the daughter or the terminally ill testator.

First of all, assuming that the will was created properly under Massachusetts law, and expressly made in contemplation of his upcoming marriage to spouse number two, the will would be a valid and enforceable expression of the testators wishes.

After funeral and burial costs, debts and claims against the estate, and the expenses of administration of the estate, the daughter would be entitled to her share of property as outlined in the testator's will.

As you indicated, however, where a person passes away with a valid will and surviving children, a spouse may "elect" to take one third of the personal and real property of the estate outright. The amount of the share and the surviving spouse's interest in the property change dramatically depending on whether the deceased was survived by children or other family.

For further research, review Massachusetts General Laws Chapter 191, Section 15.

Re: Marrying a dying man: Can she take the property he left his daughter?

It is unclear from your post what your relationship is to the daughter or the terminally ill testator.

First of all, assuming that the will was created properly under Massachusetts law, and expressly made in contemplation of his upcoming marriage to spouse number two, the will would be a valid and enforceable expression of the testators wishes.

After funeral and burial costs, debts and claims against the estate, and the expenses of administration of the estate, the daughter would be entitled to her share of property as outlined in the testator's will.

As you indicated, however, where a person passes away with a valid will and surviving children, a spouse may "elect" to take one third of the personal and real property of the estate outright. The amount of the share and the surviving spouse's interest in the property change dramatically depending on whether the deceased was survived by children or other family.

For further research, review Massachusetts General Laws Chapter 191, Section 15.

Re: Marrying a dying man: Can she take the property he left his daughter?

There is a simple solution to this problem, the wife can sign a pre-nuptual agreement whereby she agrees to waive any claim to the home. The Wife could elect her interest in the rest of the father's estate which will depend if there are children living at the time of the father's death, if she so desires to do so, but the pre-nup would protect the home for the daughter.

Good luck