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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 117457
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Not sure how this works. How do we pay you and what do you

Customer Question

Not sure how this works. How do we pay you and what do you charge after we ask our question?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Estate Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: OK. We just found out that my husband is the executor and beneficiary of a will from his best friend. After making the will out he married a woman to keep her in the country. He chose not to change the will nor the beneficiary of his small insurance policy. We didn't know he had a will. some lawyer just called and wants us to sign off on the will to give his property to his wife. He also had a reverse mortgage on the condo he owned. The lawyer says it is Mass Law that everything goes to the wife if he remarries after the will. We are not interested in inheriting anything but we don't want to be stuck with any legal or tax bills. What is the law?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Massachusetts
JA: What documents or supporting evidence do you have?
Customer: We have nothing. Just a phone call from a lawyer asking us to sign off on the Will.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not even sure what to ask.
Submitted: 9 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the OLD MA Probate law, the marriage revoked the will. However, under the new MA probate law, the surviving spouse is entitled to her normal intestate share of any portion of the estate not going under the will to Children of the decedent born before the marriage UNLESS 1) it appears from the will that it was made in contemplation of the marriage to the spouse; or 2) the will contains a general provision that it remain in effect notwithstanding any subsequent marriage; or 3) the testator provided for the spouse by transfer outside the will and an intent that the transfer be in lieu of a testamentary provision is shown by the testator’s statements or is reasonably inferred from the amount of the transfer or other evidence.
So, absent any children in the will, the attorney is correct. Also, as executor, your husband is not personally liable for the debts of the estate and if your husband wants nothing from any of this, I would suggest he just contact the attorney and inform the attorney he does not wish to be executor and wishes to decline the position and your husband can stay out of this completely with zero responsibility in addition to the zero liability he already enjoys.
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