Full question:
Hello, My husband and I have no children together but we have two children each from previous marriages. All 4 children are 18 or older. If wife bought house prior to second marriage and owns it solely, what happens if no will exists? Who's entitled to what? In Massachusetts!
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Massachusetts
Answer:
If a person dies without a will in Massachusetts, their estate will be distributed according to intestate succession laws.
In this case, since the wife solely owns the house purchased before the second marriage, the house is not part of the husband's estate. If the wife passes away without a will, her estate will be divided as follows:
- If there are no descendants or parents surviving her, the entire estate goes to the surviving spouse.
- If all of her descendants are also descendants of her surviving spouse and there are no other descendants, the spouse receives the entire estate.
- If there are descendants who are not children of the surviving spouse, the spouse will receive the first $100,000 plus half of the remaining estate.
- If there are descendants of the surviving spouse who are not descendants of the decedent, the spouse gets the first $100,000 plus half of the remaining estate.
In summary, since the wife owned the house solely before the marriage, it will not be included in the husband's estate. If she dies without a will, her estate will be divided according to the rules above (Mass. Gen. Laws ch. 190B, § 2-102 and § 2-103).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.