Legal Question in Wills and Trusts in Massachusetts

If the thrift savings plan is classified as probate property, and there is no beneficiary or joint owner listed on the account or plan, I would presume that the account would become part of the estate, and administered and distributed according to the laws of the state where your brother resided at his time of death. If you would like some assistance in administering your brother estate, our firm would be happy to provide as much or as little assistance and guidance as you required. Please feel free to contact us at 617-357-4898.

Generally speaking all property owned by a Decedent is part of the taxable estate of the deceased. Property that passes to a wife is excluded from any federal estate tax or MA Estate tax. If he died in 2010 there is no Estate Tax.

MA Estate Tax excludes the first $1 Million from tax.

If you need assistance in administering the estate, please feel free to contact me.

The account is a part of the estate and would be included as an estate asset subject to Massachusetts estate taxation if the estate is worth more than $1 million. Whether it's part of the estate which goes through probate is another issue. Based on your description, the asset passes to the wife outside of probate.

Please feel free to contact me at 781-433-8665 if I can be of assistance.