Legal Question in Wills and Trusts in Massachusetts

can an executive(son of first marriage) sell a home if a spouse of 10 years and no provissions to remain, is still living there


Asked on 10/14/10, 7:27 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

I think you might mean executor. You will need to take the will in question to a lawyer for review. If there is a spouse or other person living in the home against the wishes of the deceased, you may need to take action on behalf of the estate to evict. The current spouse may also have certain rights arising out of the marital relationship. This should be handled delicately and with the assistance of counsel. 617-357-4898.

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Answered on 10/19/10, 7:58 am

If this is an estate issue, let me first express my condolences. A spouse has certain rights to marital assets. She is by law entitled to the first $200,000 of the estate before anything is divided between her and the heirs absent a pre-nuptual agreement or similar post-nuptual agreement.

I would suggest you contact legal counsel to deal with the relevant issues. Substantially more information is needed to give you any kind of guidance.

Please feel free to contact me without obligation at 617.406.4647.

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Answered on 10/19/10, 9:17 am


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