Think your will has your kids covered? Maybe not, if you re-married.

This week, the Massachusetts Supreme Judicial Court held that a decedent's second spouse is entitled to a one-third share of her husband's real estate holdings and estate despite her being left out of the will.

According to the opinion, Raymond Ciani created a will in 2000 leaving his property to his wife or, if she passed, to his four children as sole beneficiaries. After his wife passed, Mr. Ciani re-married but did not make out a new will naming his second wife. Then, when Mr. Ciani passed, his second wife challenged the will and sought an interest in the estate and family home.

The SJC ruled, according to M.G.L. s. 191 c. 15, the spouse at the time of death can set aside the decedent's wishes in their will and claim a marital share of the estate. The surviving spouse may also remain in the family home for the rest of his or her life and retains a one-third life estate interest.

In a footnote, the SJC also found that M.G.L. s. 191 c. 15 is "unwieldly and perplexing to apply" and that "the history of the statute leaves no doubt that it is decidedly gendered." The SJC strongly recommended that the Legislature update the law.

You want to ensure your loved ones don't get surprises like this after you're gone. Talk to the experienced attorneys at Levine Law about your estate plan today. www.levinelawma.com

For more: https://www.mass.gov/files/documents/2019/01/08/12531.pdf