Do I inherit my estranged spouse’s estate if no other survivors?


Husband and I have been separated for a couple of years. We have no kids. Husband has now passed away and he has no living heirs or other living relatives. He did not have a will. We had a very amicable separation but we had no property settlement agreement. What is the law in Mass regarding inheritance of a separated spouse?


Under Massachusetts law, until the divorce decree is issued, you are married for estate planning purposes.  As long as your husband had no surviving parents, you will inherit his property under the laws of intestacy.  You will need to file for an estate administration at the probate court.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire

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