Legal Question in Wills and Trusts in Massachusetts

If there are children, the estate is split between the children and the spouse.

There are many more factors to consider. In the most basic sense, the answer is "Yes," however, there are several additional facts which could alter the answer.

Are there any surviving parents?

Are there any children?

Are there any children from another marriage (or otherwise)?

An answer in the positive to any of those questions will change the answer.

I just want to reiterate what the others have already said. If a person dies without a will in Massachusetts, their probate estate is distributed according to the laws of intestacy. The laws of intestacy provide a framework for distribution which depends on which family members the deceased individual is survived by. If you or someone close to you needs to be appointed administrator in order to properly manage the deceased's estate, feel free to contact our office.