a) My property will pass to my surviving parents in equal shares; if only one is surviving, then he or she takes all.

b) If my parents do not survive, then my property passes to my brothers and sisters, with a right of representation in the issue of any deceased brother or sister for that deceased brother or sister’s share.

c) If none of my brothers and sisters survive me and they have children living, then all of my property goes to the issue (children, grandchildren, great-grandchildren and so forth as lineal descendants) of my deceased brothers and sisters. If all are in the same degree of kindred, (i.e. all are children), they share equally; otherwise, they take by right of representation, (i.e. children take before grand children unless a child has predeceased a grandchild, then that grandchild takes the child’s share).

d) If neither issue, nor parents, nor siblings, nor their issue survive, all property passes to the next of kin in equal degree. If collateral kin of equal degree claim through different ancestors, those claiming through the nearest ancestor are preferred.

e) If you die with no spouse and no kindred surviving, then all of your property passes to the State of Massachusetts.
To prevent your property from being distributed against your wishes, it is important to have a will drawn up. Use of wills and trusts can result in saving federal and state death taxes.  

I am a married individual

 

Married individuals should each have wills which will determine distribution of solely—owned assets, provide for the surviving spouse and family’s needs, plan wisely to minimize federal and state income, estate and generation-skipping transfer taxes, make charitable contributions, name guardians of the person and property of minor children, and name the executor or executrix of the estate. Massachusetts General Laws Chapter 190 Section 3 addresses the situation of a spouse dying without a will.

 

After payment of the expenses of settling my estate, the charges of my last illness and funeral, and my unpaid debts, my remaining property passes thus

a) If my spouse survives me and issue survive, then my spouse only takes one—half of real and personal property and my issue take the other half.

(i) If at the time of my death, my children are still minors, then my spouse would be appointed as guardian of my children by the Probate Court. However, the Probate Court would require that ray spouse report to it each year and render an accounting of how, why and where my spouse spent the money.

(ii) As a further safeguard, the Probate Court would direct my surviving spouse to produce a Performance Bond to guarantee that my spouse is exercising proper judgment in the handling, investing and spending of the children’s money.

(iii) As a final safeguard, my children shall have the right to demand and receive a complete accounting from their parent of all of his or her financial actions with their money as soon as they reach legal age. When my children reach age 18, they shall have full rights to withdraw and spend their share of ray estate. No one shall have any right to question my children’s actions on how they decide to spend their respective shares.

(iv) Should my spouse remarry, his or her second spouse may be entitled to one-half of everything my spouse possesses. Should my children need some of this share for their support, the second spouse shall not be bound to spend any part of his or her share on ray children’s behalf.

(v) If my spouse predeceases me or we die in a common accident while any of our children are minors, then by dying without wills, we have not chosen a guardian of the person and property for those children. Since we have not designated a preference in nominating the guardian of our children, then our relatives would have to get together and select a guardian by mutual agreement. In the event that they fail to agree on a guardian, then the Probate Court would make the selection. Furthermore, the Probate Court may appoint a perfect stranger as guardian if it finds that person acceptable.

b) If my spouse survives me and my kindred survive me, but none of my issue survive me, then the following intestacy laws apply:

(i) If my estate is less than $200,000, then my surviving spouse takes all;

(ii) If my estate is greater than $200,000, then my surviving spouse takes $200,000 plus one-half of the remaining personal property and one-half of the remaining real estate, while my kindred receive the other halves, (if my personal property is insufficient to the $200,000, then my real estate may be sold or mortgaged to make up the deficiency.

c) If my spouse survives me, but no issue or kindred survive me, but none of my issue survive me, then my surviving spouse takes all of my property.

 

d) If my spouse does not survive me and my issue survive, then all of my property passes in equal shares to my children and to the issue of any deceased child by right of representation. If all of my children are dead, then the property is divided equally among my descendants in the same degree or with a right of representation if they are not.

e) If my spouse and my issue do not survive me, then the laws of intestacy applicable to a single person apply.