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MASSACHUSETTS

What is a Will?

A Will is a written document that allows you to control the distribution of your estate, either directly to your heirs or through a trust that is contained within your Will. If you do not have a Will, your estate will be distributed according to state law - this is called interstate succession.

Why do I need a Will?

If you make a valid will, you- rather than the laws of Massachusetts- control how your estate is to be divided. You prevent costly disputes, and assure that the person(s) of your choice share in your estate.

If you die without a will, your estate will pass under state statute, and not necessarily in accordance with your true wishes. This can often lead to the individuals who dearly need the benefits of your estate being denied access to it. Administrator, rather than an Executor, is appointed to conduct the affairs of the estate. Instead of distribution to the beneficiaries, distribution is made to the heirs at law, according to the following:

MASSACHUSETTS LAW OF DESCENT AND DISTRIBUTION LAW OF INTESTATE SUCCESSION (G.L. c. 190 § 1)

This chart demonstrates how your estate is divided or distributed in the event that you die without a will:

IF YOU ARE SURVIVED BY: YOUR ESTATE IS DISTRIBUTED:
1. Spouse and children: One half to spouse
One half to children
2. Spouse, no children, but next of kin (including parents, siblings, niece, nephew, aunt, uncle, cousin, etc.): Where the estate is less than $200,000, all to spouse. If the estate is larger than $200,000, the first $200,000 plus one half of everything in excess of $200,000 to spouse. The remainder to next of kin in this order: Parent(s), siblings, nieces and nephews, grandparents, uncles and aunts, cousins
3. Spouse, no child, no next of kin: All to spouse
4. No spouse, one or more children: All to children
5. No spouse, no child, but next of kin: All to next of kin, in the order described above in 2.
6. No spouse, no child, no next of kin: All "escheats" to the Commonwealth of Mass., that is, all is turned over to the State, because there are no heirs or beneficiaries.

What should I consider in writing a Will?

You should secure expert advice in drafting your will, so that it cannot be successfully challenged or contested by anyone disappointed with its terms. If a will is successfully challenged or contested, the law of descent and distribution may control, that is, decide who takes what from your estate, or your previous will may control how your estate is distributed.

We can assist you in drafting a will so that you rather than the State of Massachusetts decides who will inherit your estate.

Please also see the MA Advanced Directives page.

Your initial consultation is always free.

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