Can my husband create a valid will and trust after I filed for divorce?

I filed for divorce and then my husband’s brother took him to create a will in trust, giving the brother rights to everything. Then my husband passed away. Divorce never went through. Can they do that? What are my rights?

ANSWER BY MARGARET CROSS-BELIVEAU:

Yes, he had the right to leave property to whomever he wanted after death.  However, as you were married at the time of his death, you still have statutory rights to his property.  Filing for divorce is not enough to cancel your rights.  You can claim your spousal share from his probate.

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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 and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, 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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