Legal Last Will and Testament Form for Divorced person not Remarried with Minor Children - Massachusetts 2025

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A surviving spouse in Massachusetts has a right to receive a certain portion of your estate no matter what your will says. This legal requirement is called the Spousal Share.
Undue influence will invalidate a will.
In Massachusetts, a divorce revokes all bequests in ones will to the ex-spouse and all fiduciary appointments in the will in favor of the ex-spouse, including the nomination of the executor, trustee or guardian.
Here is the key thing to know: Stepchildren do not automatically inherit from a stepparents estate unless they have been legally adopted. Although a parents children biological or adoptedhave inheritance rights under Massachusetts intestacy laws, stepchildren lack rights.
Inheritances are considered divisible marital assets in Massachusetts, however, there is little legal guidance and judges handle them differently. For the most part, in the case of short-term marriages, inheritances do not factor in. The house is a different issue if you truly made significant contributions.
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Typically a divorce settlement will void any will written previous to the settlement. This is to prevent an ex-spouse from inheriting when there is a new spouse involved.
In the event of a divorce or annulment, the MUPC has specific provisions for how these events impact a will: Revocation of Dispositions: Divorce or annulment will revoke any dispositions made to a former spouse in a will. This is specified under M.G.L. 190B, 2-804.

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