Highlight In Legal Massachusetts Estate Planning Forms For Free

The short answer is this: If you do not make a plan, and if you die without a will, Massachusetts estate law will create a plan for you. This is called "intestate succession." It will serve to put your assets in the hands of certain family members, but very often is not exactly what you want.

Most estates will need to go through probate in Massachusetts because they don't meet the requirements to avoid it. However, those that have been set up with named beneficiaries or meet the other requirements to avoid formal probate will not need to go through the process.

In Massachusetts, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants ? children, grandchildren, or great grandchildren. If you don't, then your spouse inherits all of your intestate property.

A revocable living trust can be used to avoid probate. A trust holds legal title to property for the benefit of another person (?beneficiary?). The person who creates the trust (?the grantor?) chooses a manager (sometimes themselves), known as the trustee, to manage the assets in order to protect them.

If you are unmarried with children, all of your estate will pass to your children in equal portions. If you are unmarried without children, your estate will pass to your parents in equal portions. If you have no surviving parent at the time of death, your assets will be divided among your siblings in equal portions.

In Massachusetts, the cost for comprehensive estate plan drafting can range from $900 to $4,950 or more, depending on the complexity of your estate and the attorney's experience. The cost of creating a will in Massachusetts can range from roughly $250 to $1,000. A trust typically costs anywhere between $900 and $3,450.