Many people assume that when a spouse passes away without a will, the surviving partner automatically inherits everything. In Massachusetts, that’s not always the case. State law determines how assets are distributed when someone dies without a will, and a spouse’s share depends on whether there are children, parents, or other relatives involved. While marriage provides important legal protections, it does not always guarantee full inheritance. Without a clear estate plan, unexpected outcomes can occur, leaving a surviving spouse with less than they expected—or needed. Understanding how state law applies can help couples make informed decisions about their financial future.
How Massachusetts Intestate Succession Affects Spouses
When someone in Massachusetts passes away without a will, state intestate succession laws decide how their assets are divided. A surviving spouse often inherits a significant portion, but the exact amount depends on whether the deceased had children, parents, or other close relatives.
Here’s how intestate succession affects a surviving spouse:
- If there are no children or surviving parents – The spouse inherits the entire estate.
- If there are shared children – The spouse inherits everything.
- If there are children from a previous relationship – The spouse receives the first $100,000 plus half of the remaining estate. The rest goes to the children.
- If there are no children but surviving parents – The spouse receives the first $200,000 plus three-quarters of the remaining estate, while the parents inherit the rest.
These rules aim to distribute assets fairly, but they may not align with the wishes of the deceased spouse.
What Happens When the Deceased Has Children?
A surviving spouse’s inheritance in Massachusetts depends on whether the deceased had children and whether those children were from the marriage or a previous relationship. If all children were from the marriage, the spouse inherits the entire estate. However, if the deceased had children from a previous relationship, the spouse receives the first $100,000 plus half of the remaining estate, while the rest is divided among the children.
These laws aim to provide for both the spouse and the deceased’s children, but they can lead to unexpected results. In blended families, a surviving spouse may inherit less than anticipated, while children from a prior relationship receive a share. This division can create tension, particularly when real estate or other significant assets are involved.
What Happens When the Deceased Has No Children but Surviving Parents?
If a person passes away without children but is survived by a spouse and parents, the spouse does not automatically inherit everything under Massachusetts intestate succession laws. Instead, the spouse receives the first $200,000 of the estate, along with three-quarters of the remaining assets. The deceased’s parents inherit the remaining one-quarter. This outcome often surprises people who assume that marriage guarantees full inheritance. In some situations, a portion of the estate may go to parents whom the deceased may not have intended to inherit.
Other Situations Where a Spouse Might Not Inherit Everything
A surviving spouse does not always inherit everything, even outside of intestate succession laws. Some assets pass directly to named beneficiaries or joint owners, including:
- Jointly owned property with survivorship rights, which automatically transfers to the co-owner.
- Retirement accounts and life insurance policies that list a different beneficiary.
- Trust assets, which follow the terms of the trust.
Additionally, Massachusetts allows a person to leave a spouse out of a will, though the spouse can claim a share of the estate. Debts, taxes, and legal disputes may also reduce the inheritance a surviving spouse ultimately receives.
The Importance of an Estate Plan
Relying on intestate succession laws can lead to unexpected outcomes. Without a clear estate plan, your spouse may inherit less than you intended, or other relatives—such as parents or children from a previous relationship—could receive a share of your estate. Even if the law provides some protections for spouses, it does not account for personal wishes or unique family situations.
Creating a will allows you to control how your assets are distributed. A trust can provide additional security, helping your spouse avoid probate and access assets more quickly. Updating beneficiary designations on retirement accounts and life insurance policies ensures they align with your overall plan.
Estate planning involves not just financial decisions but also protecting your spouse, securing your family’s future, and ensuring your wishes are honored. We can help you create a plan that provides peace of mind and financial security for the people you love.
Protect Your Spouse with a Thoughtful Estate Plan
The best way to protect your loved ones is with a clear estate plan. At Surprenant & Beneski, P.C., we will help you create a plan that reflects your wishes. Contact us today to get started.