Crafting a Last Will and Testament isn’t merely about divvying up assets; it’s about securing your family’s future and preserving your legacy. At Surprenant & Beneski, P.C., our seasoned attorneys understand the significance of creating a Will and the serious consequences of dying without one (intestate).
With over 20 years of experience serving clients throughout Southeastern Massachusetts, we make certain that your estate plan reflects your wishes and ensures the financial security of those close to you. We are also well-prepared to assist you if you are managing the estate of a friend or relative who died intestate.
Though most people understand the importance not only of having a Will but of having one drafted, reviewed, and executed by a skilled attorney, many people die intestate because they their death is sudden and unexpected or because they have procrastinated in regard to estate planning. It is not all that rare for a celebrity with a high-net-worth estate to die intestate, leaving behind chaos and long-term family conflict.
What Is Intestacy?
Intestacy arises when a person dies without a valid Will or without any Will at all. When this occurs, the distribution of assets is governed by state law rather than by the decedent’s directives. In Massachusetts, as in all states, intestacy laws describe the sequence of inheritance that must be followed in the absence of the deceased’s explicit instructions.
Which Assets Do and Do Not Pass Through Intestate Succession?
Any assets that are owned individually by the decedent are subject to probate. If the decedent was the sole owner of a piece of real estate, or held bank accounts or investment accounts with no joint owner or no beneficiary named, those assets would be subject to probate and pass through intestate succession if the decedent had no valid Will, or no Will at all.
No matter how valuable, assets that don’t go through probate are not impacted by the fact that there is no Will. Non-probate assets include:
- Funds held in an IRA, 401(k), or other retirement account if there is a beneficiary named
- Life insurance with a named beneficiary
- Payable-on-death bank accounts
- Assets owned by corporations
- Property owned in joint tenancy or tenancy by the entirety
- Property that has been transferred to a living trust
- Real estate owned in a Life Estate Deed
- Securities and investments held in a transfer-on-death account
These assets pass to the surviving co-owner or beneficiary named, whether or not there is a Will. However, if there are no named beneficiaries alive to inherit the property, any such assets could be included in those distributed according to intestate succession.
Order of Succession (Laws of Survivorship) in Massachusetts
In Massachusetts, the order of succession, also known as laws of survivorship, dictate how assets are distributed among surviving relatives in the event that an individual dies without a Will. The primary beneficiaries typically include spouses, children, grandchildren, parents, and siblings, though the specifics may vary based on the particular structure of the individual family.
Spouses
Spouses are entitled to a significant portion of the estate, typically receiving the entire estate if all descendants of the decedent are “of the marriage,” there are no surviving descendants, or parents of the deceased. If there are surviving descendants of the decedent who are not also the descendants of the surviving spouse, the spouse may receive the first $100,000 plus one-half of the remaining estate, with the rest distributed among the descendants.
Children
Children inherit a share of the estate if there is no surviving spouse or if the estate exceeds the spousal share.
Grandchildren
If their parent is no longer alive, grandchildren inherit from the deceased. In this case, the parent’s share is divided equally among the children of the descendent who has passed.
Parents
If there is no surviving spouse or descendants, the parents of the deceased may inherit the estate. If the decedent’s parents are still alive, and there are no children, but there is a living spouse, the spouse inherits the first $200,000 and three-quarters the balance of the estate, with the remaining quarter going to the parents.
There are several ways in which intestate succession can become even more complicated. One example is when the decedent has one or more heirs from marriages or relationships with someone other than their current spouse. Because of the multiple permutations that can occur in cases on intestate inheritance, it is vital to have an attorney well-versed in the intricacies of Massachusetts intestacy laws at the helm.
Intestate Inheritance by Children
In Massachusetts, intestate inheritance by children encompasses various scenarios and relationships, including:
Biological and Adopted Children
Biological and adopted children are typically treated equally under intestacy laws, inheriting an equal share of the estate.
Foster Children and Stepchildren
Foster children and stepchildren are not automatically entitled to inherit unless they have been legally adopted.
Grandchildren
Grandchildren may inherit a share of the estate if their parent (the decedent’s child) is deceased.
Posthumous Children
Children conceived before the deceased’s death but born afterward are still eligible to inherit under Intestacy Laws.
Contact Our Capable Intestacy Attorneys Today
As you can see, dying intestate takes away individual control. The wishes of the person who died no longer have any bearing on the distribution of their assets. It is possible that the funds or personal belongings they intended to leave to a close friend will end up enriching a distant cousin they never knew.
If you and your family are dealing with the complexity of inheritance from a family member who left no Will, it is essential to engage the services of one of our insightful, compassionate lawyers.
From identifying rightful heirs to facilitating the distribution of assets, our team is committed to providing you with the up-to-date information and personal attention you need. Contact us now so we can clarify the ins and outs of intestacy and help you to navigate its perplexing pathways.