Categories for Family Law

Mountain Dearborn Prevails in SJC Decision to Protect Spouses Who Are Left Out of Wills

January 11, 2019 12:19 pm Published by Katherine A. Bagdis

A January 8th decision by the Massachusetts Supreme Judicial Court (SJC) supported the claim of a second wife, represented by Mountain Dearborn, who sought to receive her legal share of the real estate that her husband left to his four children. The case highlights the importance of understanding the legal consequences of marriage, especially when you have children from a prior relationship.

When you marry in Massachusetts, your spouse automatically becomes entitled to receive certain rights and benefits, unless both parties agree otherwise. For instance, your spouse automatically becomes the beneficiary of any qualified retirement plan which you then have, or to which you begin contributing, during the marriage, such as a 401k or 403b plan. You ...