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WAXMAN v. WAXMAN

No. 12-P-1021.

84 Mass. App. Ct. 314 (2013)

JEAN WAXMAN v. LEE WAXMAN & others.

Appeals Court of Massachusetts, Suffolk.

September 30, 2013.

Attorney(s) appearing for the Case

Wendy B. Jacobs for the plaintiff.

Kevin G. McIntyre for Lee Waxman & others.

Present: GRAHAM, SIKORA, & HANLON, JJ.

SIKORA, 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...

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