abandonment, death of spouse

[backtalk38]

What is the name of your state (only U.S. law)? Massachusetts
A theoretical question( may be real issue in near future)
My grandmother married a man. In 2009 this man deserted her and has never been seen or heard from since. She happens to own a home and other personal effects and is terminally ill. When she dies what im wondering is what rights to the property might the surviving spouse have? She was too ill to pursue a divorce. Im not sure if what he did meets the legal definition of abandonment( if it doesnt im not sure what does). Any feedback would be greatly appreciated.

 

[Proserpina]

What is the name of your state (only U.S. law)? Massachusetts
A theoretical question( may be real issue in near future)
My grandmother married a man. In 2009 this man deserted her and has never been seen or heard from since. She happens to own a home and other personal effects and is terminally ill. When she dies what im wondering is what rights to the property might the surviving spouse have? She was too ill to pursue a divorce. Im not sure if what he did meets the legal definition of abandonment( if it doesnt im not sure what does). Any feedback would be greatly appreciated.

How old is your grandmother?

When did they marry?

 

[nextwife]

He may not even still be alive. Has anyone checked the Social Security death index?

 

[ecmst12]

She needs to get a divorce before she dies. Hire her a lawyer, pronto.

 

[Proseguru]

Not a real situation people ... the husband is still the husband .. likely get it all...

 

[Proserpina]

Not a real situation people ... the husband is still the husband .. likely get it all...

Not necessarily.

 

[nextwife]

A divorce is moot if he passed away somewhere. First thing to do would be to determine his status.

 

[Ohiogal]

Not necessarily.

If he is married to her and still alive, he can take the intestate portion against any will that may have been written. That could be approximately HALF of everything.