Senior Associate
Most of us don’t like to think about what happens after we’re gone. But if you pass away without a will, Massachusetts law will decide what happens to everything you leave behind—including your home, your money, and even who cares for your children. This is called dying “intestate,” and it often leads to confusion, delays, and unintended consequences.
We’ve helped many families deal with the fallout of a loved one dying without a will. It can be stressful and emotional. That’s why we believe it’s important to understand what happens so you can take steps now to protect the people you care about.
Massachusetts Intestacy Laws: Who Inherits What?
If you die without a will in Massachusetts, the state’s intestacy laws determine who gets your property. These laws are written with a general order of priority, based on your family structure. Here’s how it typically plays out:
- If you’re married with no children or parents living, your spouse receives everything.
- If you’re married with children (from that marriage), your spouse still receives everything.
- If you’re married with children from another relationship, your spouse receives $100,000 and then shares the remainder of your estate with your children.
- If you have children but no spouse, your children inherit everything.
- If you have no spouse or children, your parents may inherit your assets. If your parents are no longer living, it goes to your siblings.
- If there are no close relatives, more distant family members might inherit. If no relatives are found, the Commonwealth of Massachusetts could take your property.
These laws might seem straightforward, but they rarely match what someone would have wanted. Family relationships and dynamics are rarely simple.
What Happens to Minor Children and Guardianship?
One of the most significant issues that comes up when someone dies without a will is what happens to their children. If you have minor children and no will that names a guardian, the court steps in to decide who will raise them.
This can be incredibly hard for families. Judges do their best to place children in safe, stable homes, but they don’t know your values or your wishes. Without guidance from you, disagreements among relatives can arise, and that can lead to drawn-out court hearings.
By putting your wishes in writing, you can name someone you trust to care for your children. It’s one of the most important reasons to create a will.
Probate Without a Will: Added Time and Costs
Dying without a will doesn’t avoid probate. In fact, it often makes things more complicated. Instead of following clear instructions, the court has to sort through your assets, determine who should inherit what, and appoint someone—usually a close relative—to serve as the personal representative of your estate.
This process can:
- Take longer than necessary
- Create added court involvement and paperwork
- Result in higher legal fees and administrative costs
- Cause delays in accessing bank accounts or transferring property
All of this adds stress for the people you leave behind. Although probate can still be required with a will, the process is typically smoother and faster because your instructions are clear.
Common Problems in Intestacy Cases
We’ve seen firsthand how difficult it can be for families when there’s no will in place. A few common issues include:
- Family disputes over who should inherit what, especially if there are valuable or sentimental items involved.
- Delays in handling real estate or financial accounts, which can create financial problems for surviving family members.
- Unintended heirs, such as estranged relatives, ending up with a share of your estate because that’s what the law requires—even if it’s not what you would’ve wanted.
These situations are avoidable, but only if you take action before it’s too late.
How We Can Help You Take Control
Creating a will isn’t just about money. It’s about making sure your voice is heard. You can decide who gets what, who will care for your children, and who will be responsible for carrying out your wishes.
At LaFountain & Wollman, P.C., we make the process simple and straightforward. We’ll help you think through your options, answer your questions, and put a plan in place that gives you peace of mind. Don’t wait until something unexpected happens. If you’re ready to take control of your future—or just want to know where to start—we’re here to help.
Make Sure Your Voice is Heard—Even After You’re Gone
The best way to protect your loved ones and avoid unnecessary legal headaches is to have a valid will. You don’t have to figure it out alone. Reach out to LaFountain & Wollman, P.C. today. We’ll help you prepare for the future with confidence and care.