Legal Question in Wills and Trusts in Massachusetts

Will - State Law MA

If someone passes away and they did not have a will in the state of Massachusettes is it true that the next of kin and surviving relatives would be forced to go in to probate and sell the property according to state law?

A will was written up by the deceased, was supposedly turned in to his attorney, but unfortunately it was never signed. Wouldn't this still be considered a will regardless of it being drawn up by the attorney and authorized?


Asked on 11/05/06, 12:41 am

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Will - State Law MA

Without a will, the estate is divided under intestacy state law. What that means it that if there are assets to be divided, beyond the nominal ones, some one must petition the probate court to get control and be appointed to administrate the estate.

A drafted will that is not properly signed carries little weight.

If you have any other questions, contact me.

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Answered on 11/05/06, 2:27 pm


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