Q: I need some guidance on interpreting verbiage in a Massachusetts last will and testament.
How are disbursement’s made between Husband and Persons 1, 2, & 3?:
“I give, devise and bequeath all my estate, real, personal and mixed and whatever situated, including all property which I may acquire or become entitled to after the execution of this will, and all lapsed legacies and devises or other gifts made by this will which fail for any reason l, but not including, however, any property over which I may have any power of appointment to my husband [HUSBANDS NAME], if living at the time of my death, and otherwise in equal shares to [PERSON 1], [PERSON 2], and [PERSON 3].
A: Looks like a helpful comma was missing and if so and husband survives, then he receives except for any property of which the testator had power of appointment, and not the others unless husband fails to survive the testator. Otherwise its a trip to Court for a "declaration" to be made by the Probate Court through a Complaint for declaratory relief or possibly a Complete Settlement petition-but why wait to the end to be met with a potential weird finding.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.