Legal Opinion

Waxman v. Waxman

Massachusetts Appeals Court

Decided September 30, 2013No. 12-P-1021PublishedCited by 8 opinions

1Opinion of the CourtSikora, J.

This case requires the law to distribute the assets of a husband and wife of a late-life marriage. Robert and Jean Waxman married in their sixties. After eleven years their marriage had deteriorated. They separated and began divorce proceedings in the Probate and Family Court (probate court). During the proceedings Robert died. By law his death caused the abatement of the divorce action and divested the probate court of jurisdiction over the distribution of the couple’s assets.

Jean2 then brought the present action in Superior Court against Robert’s three adult children (collectively,…

2Cases cited31 opinions

  1. Pederson v. Time, Inc.Massachusetts Supreme Judicial Court · 1989
  2. Flesner v. Technical Communications Corp.Massachusetts Supreme Judicial Court · 1991
  3. McPherson v. KelseyCourt of Appeals for the Sixth Circuit · 1997
  4. Augat, Inc. v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 1991
  5. Rollins Environmental Services, Inc. v. Superior CourtMassachusetts Supreme Judicial Court · 1975

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3Cited by8 opinions

  1. Sea Breeze Estates, LLC v. JaremaMassachusetts Appeals Court · 2018
  2. Colin Booth v. Evan Smith, Katherine Faulkner, and Highland Park Technologies, Inc.Massachusetts Superior Court · 2025
  3. Goldwater Bank, N.A. v. KulikowskiDistrict Court, D. Massachusetts · 2022
  4. Nickerson v. Flynn-MorrisMassachusetts Appeals Court · 2024
  5. Nickse v. Daniel (In re Daniel)United States Bankruptcy Court, D. Massachusetts · 2015

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