Legal Question in Wills and Trusts in Massachusetts
when a person dies 'in testate' (no will), why would the dispersment be different for specific heirs? 17 heirs, (1 sister, 14 neices/nephews, 1 grand neice/grand nephew). shouldn't all heirs be entitled to the same dollar amount?
Asked on 7/03/10, 4:23 pm
2 Answers from Attorneys
Joseph Murray
Joseph M. Murray, Esq.
NO. IT FOLLOWS THE "intestate statute which is like a family tree with different levels of kinship.
Answered on 7/03/10, 8:13 pm
No. The intestate statute divides the estate differently for each level of kin; for instance if there were 2 children and one child pre-deceased the parent and had two children ( 2 grandchildren)
The estate would be divided 1/2 to the surviving child and 1/4 to each grandchild.
Answered on 7/04/10, 1:49 pm
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