Legal Question in Real Estate Law in Massachusetts

If you have an estate plan, your probate estate will pass according to your will.

If you do not have an estate plan, your husband will receive his intestate share under the laws of intestacy, which would most likely give him your entire estate, unless you have children. Note that assets and property titled jointly with your husband will pass to him automatically upon your death and outside of probate.

If you have concerns, I strongly suggest that you meet with an attorney. Our Firm has an excellent estate planning practice, as well as a family law practice, and would be more than happy to answer any questions that you might have.

If you do not have a Will or Estate Plan, under the new Mass Uniform Probate code and you have children, your spouse will get half of your estate. I am also assuming there is no pre-nuptual agreement or similar agreement which prohibits him from inheriting from you as well.

If you would like assistance with your estate plans, please feel free to contact me.