It is a common assumption that when one spouse passes away without a will, the living spouse automatically inherits everything, but in Massachusetts, that is not always the case. The state’s intestacy laws determine how assets are distributed when someone dies without a will, and the results may not always align with what the deceased would have wanted.
At Casey Lundregan Burns, P.C., we have been guiding families through estate administration and probate matters for over 90 years. We understand that losing a spouse is incredibly difficult, and the last thing you need is confusion about inheritance laws. Let us break it down so you can see exactly what happens when there is no will in place.
Intestacy Laws in Massachusetts
When someone dies without a valid will, their estate is distributed according to intestacy laws. In Massachusetts, these laws determine who inherits and in what proportion based on family relationships. Here is how it works for a surviving spouse:
If There Are No Children or Parents
If the deceased leaves behind a spouse but no children or parents, the surviving spouse inherits everything. This is the simplest situation under Massachusetts intestacy laws.
If There Are Children from the Marriage
If all the children are from the marriage between the deceased and the surviving spouse, then the spouse also inherits everything. The law assumes that the surviving parent will care for the children and manage the family’s financial affairs.
If There Are Children from a Different Relationship
If the deceased had children from a prior relationship, the estate is divided differently:
- The surviving spouse inherits the first $100,000 of the estate.
- The remaining balance is split, with the spouse receiving half and the deceased’s children sharing the other half.
This setup can sometimes create complications, especially if the children and step-parent have differing views on how the estate should be handled.
If There Are No Children but the Deceased’s Parents Are Alive
In cases where there are no children, but one or both of the deceased’s parents are still living:
- The spouse inherits the first $200,000 of the estate.
- The remaining balance is split, with the spouse receiving three-fourths and the parents inheriting one-fourth.
This distribution surprises many people as they often assume a surviving spouse would receive everything regardless of other surviving relatives.
What Happens to Assets in Intestacy?
When someone dies intestate, their assets go through probate. This means the court will oversee the administration of the estate, ensuring debts are paid and assets are distributed according to Massachusetts law.
The probate court appoints an administrator—usually the surviving spouse—to manage the estate. However, probate can be time-consuming and costly, often taking months or even years to resolve. Without a will, the process can become even more complicated, particularly if disputes arise among heirs.
Some assets, however, pass outside of probate.
Non-Probate Assets: What Passes Outside of a Will?
Not everything a person owns is subject to intestacy laws. Certain assets bypass probate and go directly to named beneficiaries. These include:
- Jointly owned property with right of survivorship – If a home or bank account is jointly owned with survivorship rights, it automatically passes to the surviving owner.
- Life insurance policies – If a life insurance policy has a named beneficiary, the proceeds go directly to that person.
- Retirement accounts (401(k), IRAs, etc.) – These accounts transfer to named beneficiaries without court involvement.
- Assets held in a trust – If the deceased had a properly funded trust, those assets are distributed according to the trust’s terms.
Understanding which assets are subject to probate and which are not can help families avoid unnecessary complications after a loved one’s passing.
The Importance of Having a Will
Creating a will allows you to have control over how your assets are distributed. Without one, state law dictates who gets what, which may not reflect your wishes.
A will offers several key benefits:
Ensuring Assets go to Intended Beneficiaries
A will allows you to specify who inherits what, avoiding intestacy laws and ensuring your loved ones are provided for in the way you intend.
Naming Guardians for Minor Children
If you have children, a will lets you designate a guardian to care for them in the event of your passing. Without this, a court decides who takes custody.
Reducing Family Conflict
Clear instructions in a will can prevent disputes among family members, reducing the risk of legal battles over inheritance.
Planning for Estate Taxes
A well-structured estate plan can help minimize tax burdens, ensuring more of your assets go to your loved ones rather than the government.
Common Misconceptions About Intestacy
Many people misunderstand what happens when someone dies without a will. Here are some of the most common misconceptions:
- “The spouse automatically gets everything.” This is only true if there are no children or parents involved.
- “Jointly owned property is part of the estate.” – Property with survivorship rights passes directly to the co-owner and does not go through probate.
- “Unmarried partners have inheritance rights.” In Massachusetts, an unmarried partner has no automatic right to inherit under intestacy laws. Without a will, they could receive nothing.
- “A will is only for the wealthy.” Estate planning is important for everyone, regardless of asset size. A will ensures your wishes are honored and your loved ones are protected.
Protect Your Family’s Future: Contact Casey Lundregan Burns, P.C.
The best way to protect your family and your assets is to have a clear estate plan in place. Whether you need to create a will or update an existing one, our experienced team at Casey Lundregan Burns, P.C. is here to help. We have been assisting Massachusetts families with estate planning and probate matters for over 90 years, and we are ready to do the same for you.
Do not leave your family’s future to chance. Contact us today at (978) 878-3519 or visit our Contact Us page to schedule a consultation.
Disclaimer: The information in this post is not intended as legal advice or as a substitute for the particularized advice of counsel. For more information, please consult an attorney.