Legal Question in Wills and Trusts in Massachusetts

Will leaves his assets to grandkids not his spouse

Hi There,

My dads last will & testament has all his money/assets going to grandkids. Written in the will generally as ''those that were created from the children of his first wife''. He is estranged (6 months) from his 2nd wife but not divorced and does not plan to divorce her. Married to her for 15 years/no kids but she has 2 adult ones from prior marriage.

Want to be sure the 2nd wife cannot go after any assets he is leaving to his grandkids. The will clearly states this:

''No current or former spouses shall have any claim whatsoever to any assets, cash, insurance policies, real property, intangible property, intellectual property or material property(s) held in my name.''

I heard massachusetts automatically provides 1/3 to 1/2 of assets to surviving spouse & he does not want that to happen.

The will has a self proving affidavit attached.

Thanks very much to this service for helping me out!!


Asked on 4/30/04, 2:25 pm

2 Answers from Attorneys
John Pierce Law Office of John R. Pierce

Re: Will leaves his assets to grandkids not his spouse

The surviving spouse of a person with children is entitled to elect to receive an interest in one third of the estate. She gets the first $25,000 outright, and a life estate in the balance. When she died, that balance would then go to the grandchildren. But while she was alive, she would have the right to the interest generated by the personal property and the right to occupy the real estate that made up her one third.

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Answered on 4/30/04, 3:29 pm

Re: Will leaves his assets to grandkids not his spouse

Basically, unless there is a waiver of the dower interest by the Spouse or a pre-nuptual agreement that includes the proper language, you can not disinherit a spouse under MA law.

Depending upon the value of his estate and the assets he has he may be able to accomplish what he wants by the use of trusts both revocable and irrevocable.

Your father needs to see an attorney who does estate planning and get the proper advice and documents drawn.

Please feel free to contact me at your convenience if you have additional questions.

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Answered on 4/30/04, 3:29 pm


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