When a person passes away, his or her ownership of certain property ends and the title of that property needs to be transferred to someone else. A person can prepare a Will or Trust to specifically designate how this property will be passed down.
However, if a person passes away without a Will or Trust, or the documents do not dispose of certain property, then the Massachusetts legislature has indicated how the property should be passed. Below is a list of the how such property will pass (please note that this is a partial and not complete list):
Section 2-102 of the Massachusetts Uniform Probate Code
Share of Spouse
The intestate share of a decedent’s surviving spouse is:
Section 2-103 of the Massachusetts Uniform Probate Code
Share of Heirs Other Than Surviving Spouse
Any part of the intestate estate not passing to the decedent’s surviving spouse under section 2-102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:
Section 2-105 of the Massachusetts Uniform Probate Code
If there is no taker under the provisions of this article, the intestate estate passes to the Commonwealth of Massachusetts; provided, however, if such intestate is a veteran who died while a member of the Soldiers’ Home in Massachusetts or the Soldiers’ Home in Holyoke, the intestate estate shall inure to the benefit of the legacy fund or legacy account of the soldiers’ home of which the intestate was a member.
Furthermore, property held in a person’s name alone can either be considered probate property or non-probate property. If certain property can pass title automatically, then the property does not need to be probated, and property held in joint ownership passes to the joint owner.
Non-probate property includes, but is not limited to:
Please note that this is not an exhaustive list of the matters pertaining to the discussion above. Every person has a unique situation that must be tailored with the advice of an attorney after consultation.
Peter A. Moustakis is the founder of Moustakis Law LLC
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Please note that the information contained in this blog is not an exhaustive list of the matters pertaining to the discussion. Every person has a unique situation that must be tailored with the advice of an attorney after consultation. The material published on this blog is made available by the Moustakis Law LLC for informational purposes only and should not be considered legal advice. Before you make any decision that may have legal implications, you should consult with a qualified legal professional for specific legal advice tailored to your situation. Your visiting this blog does not establish an invitation to enter into, and does not create an attorney client-relationship.