Many people ask, “What if I pass away without a will?” An experienced trust and a will attorney can tell you that strategic estate planning is an absolute must if you want to control what happens to your assets after your death. 

You must leave a will if you want your property to go to the right people after your passing. Without a will, asset distribution follows the state laws of intestate succession, which may be just the opposite of what you would have wished.

Who Inherits If There’s No Will?

Massachusetts intestacy laws outline what happens to an estate if the owner passes without leaving a will. For instance:

  • If you were married and you and your surviving spouse had no children or only had children in common with each other, your spouse inherits everything.
  • If you were unmarried and had no children but have surviving parents, your parents inherit everything.
  • If you had children but no surviving spouse, the estate goes to your children in equal shares.
  • If you were married but had children not in common with your spouse, for example, from a prior marriage, your spouse inherits $100,000 plus half of any remaining balance, while the rest is split between your children.

The problem with intestate succession is that it may not reflect your family dynamics. A trust and will attorney can help you set up an estate plan that navigates complex relationships.

Maybe you want to disinherit your estranged son and transfer his portion of your estate to your granddaughter. Or perhaps you decide to leave a larger share of your assets to the surviving sibling who had been closest to you in your final years. 

Why Everyone Should Have a Will

If you have a fairly straightforward estate and an uncomplicated family situation, you may think, “Why do I need a will? My spouse or adult children will inherit everything anyway.” You may also consider using a ready-made template rather than working with a trust and will attorney.

However, a will does much more than just dictate who receives what assets after your death. It also appoints an executor responsible for managing and closing your estate. Naming an executor (and an alternative in case the first person can’t take on this duty) ensures that someone you trust wraps up your affairs.

A will may also include a guardianship designation for any minor children, specify the distribution of sentimental personal assets, or leave instructions for managing your digital accounts after your passing.

Other Estate Planning Tools

In addition to a will, you may set up a trust (or several trusts) for an even higher level of control over estate distribution. 

For example, a revocable living trust helps your family bypass the probate process, which can take over a year in Massachusetts. You can always adjust this kind of trust during your lifetime (e.g., to add or remove assets or beneficiaries).  

Other types of trusts may protect assets from creditors, hold property for your children or grandchildren until they become legal adults, or support a disabled family member. An experienced estate planning lawyer can guide you through trust creation to ensure the trust answers your purpose.

Call the Law Offices of Boyd & Boyd, P.C., To Consult a Trust and Will Attorney in Southeastern Massachusetts

At the Law Offices of Boyd & Boyd, P.C., we help our clients protect their assets and safeguard their legacy. Talk to one of our knowledgeable trust and will attorneys to draft a clear, comprehensive estate plan that ensures your property passes to chosen beneficiaries at the right time. Schedule a strategy session at (508) 444-9688 or online.