Partner
When a spouse passes away, the emotional toll can be overwhelming. On top of that, there are legal matters to sort out—especially when it comes to what a surviving spouse is legally entitled to inherit. Whether there’s a will in place or not, Massachusetts law provides certain protections for spouses. Understanding these rights can help you make informed decisions, avoid surprises, and plan for the future. At LaFountain & Wollman P.C., we’re here to help you through that process.
What Happens If There’s a Will?
If your spouse created a will, that document usually outlines who inherits what. But even if the will leaves you a smaller share—or nothing at all—you’re not necessarily stuck with those terms. Under Massachusetts law, a surviving spouse has the right to claim an “elective share” of the estate.
The elective share gives you the option to reject the will and instead receive a portion of your spouse’s assets. The amount you can claim depends on several factors, including whether your spouse had children and what other relatives are still living. Timing is important—you typically have six months from the appointment of the estate’s personal representative to make this election.
Choosing the elective share isn’t always straightforward. It may not always result in a better outcome, but it gives you an important legal safeguard. That’s why it’s a good idea to speak with a probate attorney if you’re unsure about your options. We’ll help you weigh the pros and cons so you can make the right decision for your situation.
What Happens If There’s No Will (Intestacy)?
If someone dies without a valid will, their estate is distributed according to Massachusetts intestacy laws. In this situation, the law determines who inherits—and how much.
Here’s how that typically works for spouses:
- If the decedent had no children and no surviving parents: The spouse inherits everything.
- If all children are from the marriage and the surviving spouse has no other children: The spouse still inherits everything.
- If the decedent had children from a prior relationship: The spouse inherits the first $100,000 of the estate, plus half of the remaining balance. The other half goes to the decedent’s descendants.
- If the decedent had no children but is survived by one or both parents: The spouse inherits the first $200,000 plus three-quarters of the remaining estate. The rest goes to the parent or parents.
These rules aim to balance the needs of the surviving spouse with the interests of other family members. That said, they don’t always match what a couple might have intended. If there’s no will, things can get complicated quickly—especially in blended families or second marriages.
How Property Type and Ownership Play a Role
It’s also important to understand that not all property goes through probate. In fact, some assets pass automatically to the surviving spouse without ever being listed in the will.
These non-probate assets include:
- Joint bank accounts with rights of survivorship
- Property owned as tenants by the entirety
- Life insurance policies or retirement accounts with named beneficiaries
If you’re not sure how something is titled or whether you’re the beneficiary, it’s worth taking a closer look. We help our clients sort through these issues all the time. Knowing which assets are included in the estate—and which aren’t—can make a big difference in what you ultimately receive.
How We Can Help Protect Your Interests
Every family and estate is different. Whether you’re planning ahead or dealing with a spouse’s passing, we can help you make sense of the process.
We can help you:
- Review or update your estate plan to make sure your wishes are clear
- Understand your rights as a surviving spouse, especially if something doesn’t feel right
- Handle probate and estate administration so you don’t have to go through it alone
If you believe you’ve been left out of a will unfairly or aren’t sure what your rights are, we’ll walk you through your options. Our goal is to protect what you’re entitled to while giving you peace of mind.
Start the Conversation Today
Spousal inheritance rights aren’t just a legal issue—they’re a personal one. Whether you’re dealing with a recent loss or thinking ahead, knowing where you stand can help you avoid added stress. At LaFountain & Wollman P.C., we’ll work with you to protect what matters most. If you have questions about your rights or want to update your estate plan, we invite you to contact us. We’re here to help.