Massachusetts Estate Planning Data Sheet

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US-0283-WG
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Estate Planning Data Sheet
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FAQ

?Generally, if you're married and have no children from another relationship, your assets will go to your surviving spouse. If there's no spouse or children, the distribution proceeds to your closest family members, starting with your parents, then siblings or their descendants.

Is there a deadline to probate an estate? The general rule is that an estate has to be probated within 3 years of when the decedent died. However, this deadline doesn't apply to: A voluntary administration. Find out when it's necessary to probate an estate - Mass.gov mass.gov ? info-details ? find-out-when-its-... mass.gov ? info-details ? find-out-when-its-...

In other words, Massachusetts law actually prohibits a person from completely disinheriting a spouse. Elective share cases in Massachusetts are governed by G.L.C. 191, § 15.

The Spousal Share is determined based on various factors, including the presence of children and other relatives: Spousal Share with Children: If you and your spouse have children together, the Spousal Share consists of the first $25,000 in assets and a life interest or life estate in 1/3 of the remaining assets.

$25,000 Massachusetts does not have what's known as an Affidavit procedure for small estates, but they do have a summary probate procedure. An estate value must be less than $25,000 and have no real property to qualify. Probate Fees in Massachusetts [Updated 2021] | Trust & Will trustandwill.com ? learn ? massachusetts-probate-f... trustandwill.com ? learn ? massachusetts-probate-f...

Distribution of Assets if You Are Married with Children If you die without a will, your spouse inherits 100% of the remaining assets. However, over time, circumstances can change. Your spouse may remarry and have more children, potentially leaving your original children without the legacy you intended. Inheritance without a will in Massachusetts - slnlaw slnlaw.com ? inheritance-without-a-will slnlaw.com ? inheritance-without-a-will

Ing to MA Intestate Succession Laws, the spouse receives the first $200k of the estate and then 2/3 of remaining assets. The rest is inherited by the parents. For example, let's assume an estate is worth $800k. A surviving spouse would receive $200k and $400k (2/3 of $600k).

$1 million In Massachusetts, estates must file an estate tax return if the estate value is over $1 million. This tax will also apply to the entire estate value, not just the portion above the million-dollar mark. In addition to this rule, only the value over $40,000 will be subjected to the tax. Understanding the Basics of the Massachusetts Estate Tax boydandboydpc.com ? basics-massachusetts... boydandboydpc.com ? basics-massachusetts...

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Massachusetts Estate Planning Data Sheet