When your loved one doesn’t leave behind a will, you need legal advice on inheritance. A will is a useful document that tells the family how to distribute a deceased person’s assets. When there’s no will, the family must follow a set of specific state laws that explain how to distribute the assets. Following these detailed requirements can be complicated, which is why we recommend that you seek legal advice on how to comply with them.
Inheritance Without a Will
When there’s no valid will available after a person dies, then the laws of intestacy apply. Dying intestate means dying without a will. Massachusetts has a set of state laws describing how someone’s assets should be distributed if they die intestate. For example, if there is a surviving spouse and all children of the deceased person are also children of the spouse, then the spouse usually receives all of the assets. If parents or children who are not children of the spouse survive the deceased person, then they receive part of the assets under the law. If more distant relatives survive the deceased person but not a spouse, parent, or child, then distribution of the assets gets more complicated.
The executor of an intestate estate must take great care to follow the state laws and distribute the assets correctly. In some cases, it may be necessary to conduct a search for living relatives to ensure that appropriate people receive the assets. Sometimes, determining who inherits becomes complex when there are stepsiblings, distant cousins, or adopted family members involved. A good estate administration lawyer can help you if you’re dealing with a relative’s estate and have questions about asset distribution.
Intestate Estates and Probate in Massachusetts
Without a will, you may wonder if an intestate estate needs to go through probate (the court process overseeing the distribution of an estate). Massachusetts has three different types of probate and a voluntary administration process, so determining what to do isn’t always straightforward. In general, probate or informal probate is needed if:
- Property was held in the deceased person’s name alone, with no right of survivorship, and the executor needs to change the titleholder’s name to the name of the person who will inherit the property
- There’s a question if the deceased person’s will is valid
- There are creditors to pay off
- The executor needs to file the deceased person’s tax returns and pay their taxes
- Family needs to access the deceased person’s medical records
An estate may need to go through probate regardless of whether there is a valid will, if any of the other issues listed above have arisen. In other words, estates with wills and without wills may require probate. In some cases, though, both kinds of estates may qualify for the Massachusetts informal probate process, which tends to move more quickly than formal probate.
If you’re not familiar with Massachusetts probate or informal probate, we highly suggest seeking a consultation with a local estate administration attorney, such as those at Daigle Law Office. You need Massachusetts-specific advice on how to proceed given the unique circumstances of the estate you’re handling. You may need legal help regarding how to distribute an estate, how to transfer ownership in specific types of property, how to handle a contested will, and more.
Frequently Asked Questions
We found a will, but we’re not sure if it’s legally valid. What’s next?
You need to speak with an estate administration attorney about the will. Whether the will is considered valid by a probate court depends on many specific facts contained in the document itself and provided by your family. If the will is found not to be valid, then Massachusetts intestate succession laws may apply. Please speak to a lawyer right away, because the outcome could affect the inheritance received by you and your family members.
I’m the surviving child, and my stepmother is claiming that she inherits everything because my father didn’t have a will. Can you help?
It’s vital that you talk to an estate lawyer who handles probate matters as soon as possible, such as by calling Daigle Law Office for a consultation. Under Massachusetts intestate succession laws, you may have the right to receive a portion of your father’s estate. However, your lawyer will have more questions about your specific circumstances to determine the strength of your claim. Act quickly so that you preserve your right to challenge the asset distribution if needed.
Facing Probate of an Estate, But Your Family Member Died Without a Will? We’re Here for You
Are you looking for a dependable, experienced lawyer who can assist with your questions about intestate succession and probate? Daigle Law Office’s attorneys can provide you with experienced Massachusetts estate administration help. We help clients dealing with distributing their family members’ assets or facing contested wills who need solid, reliable legal advice. Don’t wait to get entangled in a messy probate situation, speak to a lawyer who can help streamline the process from the start. To schedule a consultation, call 508-771-7444 or use our convenient Contact Form.
