Search In Legal Massachusetts Elder Law Forms For Free

The Commonwealth of Massachusetts considers anyone to be a senior who is 60 years of age or older. Some states have varied ages (55, 62, or 65 for example) but 60 is the age for Massachusetts.

Your surviving spouse inherits the first $200,000 of your intestate property, plus 2/3 of the balance. The rest of your property goes to your parents or other relatives in the order established by Massachusetts law.

Background: Massachusetts has an 'Elective Share' Statute This statute is in place to ensure that the surviving spouse is not left without adequate financial support after the death of their spouse. In other words, Massachusetts law actually prohibits a person from completely disinheriting a spouse.

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.

What Is the Spousal Share? A surviving spouse in Massachusetts has a right to receive a certain amount of your estate no matter what your will says. If you and your spouse have children together, that is the first $25,000 in assets and a life interest or life estate in 1/3 of the remaining assets.

If you have children but no spouse, children inherit everything. If you die with a spouse but no descendants or parents, spouse inherits everything. If you and your spouse have descendants together, and your spouse has no descendants by any other partner, your spouse inherits everything.