Legal Question in Wills and Trusts in Massachusetts

Re: In the absence of a will

Generally speaking, if you are joint owners of the home, upon the death of one of you, that interest will automatically transfer to the other joint owner.

However, if you die without a will, the other items in your estate will be distributed according to the laws of "intestacy." The intestacy laws of the Commonwealth essentially will decide where your assets are passed.

It is crucial, particularly to those with minor children, that a simple estate plan is formed for both of you.

Please feel free to email or call to discuss in more detail.

Re: In the absence of a will

The answer would also depend upon the deed. If you hold the property as "joint tenants" the property will pass to the other upon the death of one owner. If you are tenants in common, the share would pass to heirs.

Re: In the absence of a will

If you own the house as joint tenants with right of survivorship, whoever survives owns the house outright. If you own the house as tenants in common, upon his passing you will own half the house and his children will own half. Check the deed to see how the property is held.

It is important for non-married homeowners to prepare for the future. You may not want him, or eventually his children, to receive your interest in the house if you pass away before him. He may likewise want to protect his half interest in the property so his children will inherit it if he passes before you do.

I suggest that you both look to establish an estate plan so these questions can be addressed. Please let me know if I can help you.