As previously discussed in Patricia Malley’s post “Estate Planning After Divorce”, the Massachusetts Uniform Probate Code (“MUPC”) automatically removes a former spouse – and their relatives – as beneficiaries, nominated fiduciaries, or powers of appointment from any revocable estate …
We previously discussed how Massachusetts protects a surviving spouse from disinheritance through a statutory elective share of the Estate. But what if a surviving spouse’s statutory elective share is very small due to the family composition? There are a few …
So you want to disinherit your spouse. As discussed last week, it’s not quite that simple. Married people have statutory rights with respect to each other’s property, and those statutory rights can trump an otherwise-valid disinheritance provision in a …
After being married to your spouse for over twenty-five years, things have become a bit rocky in your relationship. You and your spouse have two adult children and have decided, at least for now, to remain married. However, you have …
As a follow-up to Tiffany’s blog on the basics of undue influence, this blog focuses on a subset of undue influence cases involving a fiduciary relationship. What is a fiduciary relationship and why is it important? The clear fiduciary …
Once upon a time, John and Jane got married and promised to love each other “until death do us part.” Unfortunately, things changed, and John and Jane got divorced. Even after divorce, however, they remained connected financially – each of …
The termination of a marriage by divorce can be devastating. While some may breathe a sigh of relief once the divorce decree is issued, others may mourn what they consider to be a tremendous loss. Regardless of how someone approaches …
Lack of capacity is, perhaps, the most common ground relied upon for challenging a will, trust, lifetime transfer, or beneficiary designation. In addition to standing alone as a claim, it is often intertwined with claims of undue influence, discussed in …