Legal Question in Wills and Trusts in Massachusetts

His estate will go to probate and his wife with whom he did not have a final decree w/ will be entitled to his estate.

Since he died without a will, his estate will be distributed according to MA's Intestacy statute. The ENTIRE estate may not be turned over to his soon-to-be ex-wife, but since their divorce wasn't final, she will have a claim to what is known as the "spousal share." There is a formula that determines the exact amount according to the value of his estate.

As a Divorce and Estate Planning / Probate attorney, this is why I always recommend that divorcing clients update their will ASAP following a divorce.

www.massachusetts-familylaw.com

The estate will be split between his spouse and his family in accordance with Intestate Statute.

She should file a Petition to open the estate and/or file her claim as his wife under the statute.

If she needs assistance please tell her to contact me.

The others are absolutely correct.

Because the nisi period had not yet expired, the couple was not divorced at the time of death. Your friend's husband's estate will be probated according to the laws of the intestacy here in Massachusetts according to their family structure.

If your friend is in need of assistance, please have her contact me.