Bongaards v. Millen

In her last will, Jean Bongaards stated that she had intentionally made no provision for her husband, George Bongaards. Following Jean’s death, George filed a complaint for declaratory judgment in the Probate and Family Court seeking a determination that real estate purportedly held in trust by her be treated as a part of her estate for purposes of his spousal claim under G. L. c. 191, § 15.3 After a hearing on the parties’ cross motions for summary judgment, the judge ruled, in effect, that the real estate was trust property not subject to a spousal claim, and entered judgment in favor of…