Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When someone dies without a valid will in Massachusetts, their assets pass by intestacy under Chapter 190 of the Massachusetts General Laws. The estate divides among heirs according to statutory shares rather than by election. Massachusetts law does not grant a surviving heir or spouse a statutory right to take a life estate in real property instead of their intestate share.
Intestate Distribution Rules
Massachusetts treats intestate estates as follows (M.G.L. c.190 §§ 1–3):
- If the decedent leaves a spouse but no descendants, the spouse inherits the entire estate. (M.G.L. c.190 § 3)
- If the decedent leaves a spouse and descendants of both the decedent and spouse, the spouse receives the first $200,000 plus one-half of the balance; the descendants share the remainder. (M.G.L. c.190 § 3)
- If the decedent has descendants but no surviving spouse, the entire estate divides equally among descendants per stirpes. (M.G.L. c.190 § 1)
Life Estate Election
Unlike some jurisdictions, Massachusetts offers no statutory option for heirs to elect a life estate in real property instead of an intestate share. The only elective rights under Massachusetts law involve:
- Homestead Protection: A surviving spouse or minor child may claim a homestead exemption in the decedent’s primary residence under M.G.L. c.188 § 1.
- Family Allowance: A surviving spouse or minor children may receive a family allowance for support during probate under M.G.L. c.190 § 34.
Because Massachusetts does not provide a statutory life‐estate election, heirs must take their share in kind or request that the court order sale and division of proceeds.
Alternative Approaches
- Disclaimer and Negotiation: An heir may disclaim their interest under M.G.L. c.190 § 16, allowing co‐heirs to agree on a life estate or other arrangement.
- Partition Action: For real estate, co‐owners can file for partition in county land court to divide or sell the property.
- Voluntary Life Estate Deed: Heirs can execute a deed granting a life estate to one party and remainder interests to others. This requires mutual consent and recording.
Each alternative involves negotiation, court approval, or both. A probate attorney can guide you through these options.
Helpful Hints
- Review Massachusetts intestacy statutes (M.G.L. c.190 §§ 1–3) for your share.
- Consider a homestead exemption under M.G.L. c.188 § 1 if you are a surviving spouse or minor child.
- Discuss disclaimer strategies under M.G.L. c.190 § 16 to facilitate life‐estate arrangements.
- Explore partition or life estate deeds with all heirs’ consent.
- Seek legal counsel early to assess deadlines and filing requirements in your county’s probate court.