Legal Question in Wills and Trusts in Massachusetts
probate decision
cousin has died -no will. going to probate. There are 2 living aunts each with 3 children, along with 2 deceased uncles - living children. how does the state divide her estate? Does the state consider the children of the deceased uncles on the same level as the living aunts when it comes to dividing the estate? In other words , would the estate be divided into fourths?
1 Answer from Attorneys
Re: probate decision
Since your cousin died with no will then her estate is determined by intestate succession.
If she was married, then everything will go to her spouse. If she has children and married, then it will be split between the children and spouse. If she has children but not married, then everything will go to her children.
If she is not married and has no children, then her estate goes to her parents. If she has no parents, then it goes to siblings, then to children of the siblings. Each lineal decendents with the same degree of kinship takes equally.
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