Massachusetts Estate Law: Understanding Intestate Distribution
Massachusetts estate law governs how the assets of a deceased individual are distributed when there is no valid will, a situation known as intestate succession. Understanding intestate distribution is crucial for Massachusetts residents, as it determines how property and debts are handled after someone passes away. This article will explore the basics of intestate distribution under Massachusetts law, including who inherits and how the distribution process works.
When a person in Massachusetts dies without a will, the state's intestacy laws come into play. These laws outline a specific order of inheritance that prioritizes close relatives. Under Massachusetts General Laws Chapter 190B, the following hierarchy typically applies:
- Spouse: If the deceased is survived by a spouse, they are usually the primary heir. If there are no children, the spouse inherits the entire estate. If there are children, the spouse generally receives half of the estate, while the children share the other half.
- Children: If there is no spouse, the estate is divided equally among the deceased's surviving children. If a child predeceases the parent, that child’s share may be passed to their descendants.
- Parents: If there are no surviving spouse or children, the deceased's parents are next in line to inherit.
- Siblings: If the parents are also deceased, the estate will go to the deceased's siblings or their descendants.
- Extended Family: In the absence of immediate family, more distant relatives like grandparents or cousins may inherit the estate.
In some cases, the court may appoint an administrator to handle the estate, especially if the family members involved cannot agree on the distribution of assets. This administrator will collect the deceased's assets, pay off debts and taxes, and distribute the remaining property according to intestacy laws.
It's important to note that certain assets are not considered part of the estate for intestate distribution. These can include life insurance policies with named beneficiaries, retirement accounts, and jointly owned property, which are typically passed directly to the beneficiaries or co-owners outside of the probate process.
If you’re a Massachusetts resident, it’s wise to consider creating a will to ensure that your wishes are honored regarding your estate distribution. By taking the time to draft a clear and legally binding will, you can avoid the default intestacy process and provide specific instructions for your loved ones.
Understanding intestate distribution in Massachusetts is essential for families navigating the complexities of estate law during a difficult time. While the state provides a framework for distribution, having a will ensures that your assets are distributed according to your desires, offering peace of mind for you and your heirs.