Will Issues if Spouses Die Simultaneously

Submitted by rcc130 on Thu, 11/11/2010 - 16:00

MA Estate Planning Law (Wills/Probate) Questions and Answers

Assume a married couple has no children and the spouses plan to leave everything to each other. If they both die at the same time, a plane crash, for example, which of the wills becomes the controlling document? Thanks.

Reply

Submitted by csuh on Thu, 11/11/2010 - 16:40.

Both spouses are presumed under Massachusetts law to have predeceased the other.

I don't understand how that

Submitted by rcc130 on Fri, 11/12/2010 - 10:34.

I don't understand how that would work. Assume the husband, John, names his wife, Mary, as the primary beneficiary. Assume also that John names Frank as his secondary beneficiary. Now assume that Mary names John as the primary beneficiary, and names Sue as her secondary beneficiary. Who gets the property?

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