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house and spousal share in MA

Submitted by Anonymous on Wed, 02/23/2011 - 08:16

I have a question about whether I can keep my house after my husband dies. I've read on the Internet that his will is not valid because he married me after he drafted the will. Is that the law in Massachusetts?

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Spousal share

Submitted by The Editor on Wed, 02/23/2011 - 09:33.

If the will was executed before the marriage and your husband dies before 7/1/2011 (changes to MA probate law take effect) then, yes, the will is invalid. Follow this link for more information about this issue and about the spousal share in Massachusetts. 

House and Spousal Share

Submitted Wed, 02/23/2011 - 10:29.

One thing that I would add to the Editor's comments: the Will may not control what happens to your house on the death of your husband. If you own the house as "Tenants-by-the-Entirety" or "jointly" with your husband, the house will pass to the survivor or you without reference to the provisions of the Will. You can confirm the ownership by looking at the deed. On a more global note - if the only estate planning documents that are in place pre-date your marriage, then I am certain that they need to be reviewed and probably updated to reflect your current situation. Hope that helps.
 
Attorney Peter Bernardin

New UPC

Submitted by admin on Wed, 11/09/2011 - 12:52.

For this and other questions dealing with probate in Massachusetts, readers should be aware that Massachusetts has adopted the Uniform Probate Code.

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