Massachusetts Inheritance Laws: 10 Things Every South Shore Family Should Know

by Sawin Law | Estate Adminstration, General Information

Losing a loved one is never an easy transition. Between the emotional weight of grief and the sudden logistical demands of settling an estate, it’s easy to feel overwhelmed by the complexities of the law. Whether you are in Hingham, Norwell, Duxbury, or anywhere across the South Shore, navigating the Massachusetts legal system requires a steady hand and a clear roadmap.

At Sawin Law, P.C., we understand that estate administration isn’t just about paperwork, it’s about protecting your family’s legacy and your peace of mind. We bring a unique perspective to our practice, combining a compassionate heart with the military-background discipline and analytical rigor necessary to navigate the often-confusing probate courts of Plymouth County. We’ve spent years helping “good people” in our community move through these challenging times with dignity.

To help you get started, we have compiled ten critical things every Massachusetts family should know about inheritance laws.

1. Dying Without a Will is Called “Intestacy”

Many people assume that if they don’t have a will, their assets will automatically go to their “closest” relative in the way they would have wanted. In reality, if you die without a valid will, you are considered to have died intestate. This means that Massachusetts intestacy laws (specifically M.G.L. c. 190B) take over, and the state, not you, decides who inherits your property.

The State’s Formula: The law uses a rigid hierarchy based on blood and marriage.
Lack of Control: You lose the ability to choose who manages your estate or who receives specific sentimental items.

Why this matters:
This matters because it removes your voice from the process. Without a clear plan, your estate could be distributed in a way that creates conflict among your heirs or leaves out people you cared for deeply. At Sawin Law, P.C., we work closely with families to ensure their wishes are documented so the state never has to step in.

2. Not All Assets Pass Through a Will

A common misconception we see across the South Shore is that a will covers everything you own. This is simply not true. Massachusetts distinguishes between probate assets and non-probate assets.

Probate Assets: These are things you own in your name alone (like a bank account with no beneficiary or a vehicle). These must go through the court process.
Non-Probate Assets: These include life insurance policies with named beneficiaries, retirement accounts (401ks, IRAs), and property held in Joint Tenancy (like many family homes in Plymouth County).

Why this matters:
If you haven’t updated your beneficiaries on your life insurance or retirement accounts, those assets will go to the person listed, even if that person is an ex-spouse or a deceased relative. You should audit your “non-probate” assets regularly to ensure they align with your current family situation.

3. The “Blended Family” Trap

Massachusetts inheritance laws can be particularly complex for blended families. If you pass away without a will and leave behind a spouse and children from a previous relationship, your spouse does NOT automatically inherit everything.

The Rule: Typically, the spouse gets the first $100,000 of the estate, plus half of the remaining balance. The other half is split among your children.
Practical Implications: This often forces the sale of the family home or creates unwanted co-ownership between a step-parent and adult children.

Why this matters:
For you, this could mean your current spouse is left without enough liquidity to maintain their lifestyle, or your children are forced into a legal battle with their step-parent. We guide clients through these sensitive dynamics to create protections that support everyone you love.

4. Unmarried Partners Have Zero Inheritance Rights

It’s a hard truth: Massachusetts does not recognize common-law marriage. No matter how many years you have lived together in Cohasset or Marshfield, if you are not legally married and you don’t have a will or a trust, your partner will likely inherit nothing through intestacy laws.

Blood Over Bond: The law prioritizes parents, siblings, and even distant cousins over a long-term unmarried partner.
Eviction Risks: If the home is only in the deceased partner’s name, the surviving partner may have no legal right to stay in the house.

Why this matters:
This can be devastating for couples who have built a life together but never “made it official.” If you are in this situation, having a solid estate plan, including a marital agreement or a trust, is the only way to protect your partner’s future.

5. The Role of the “Personal Representative”

In the past, you might have heard the term “executor.” In Massachusetts, we now use the term Personal Representative. This is the person responsible for gathering your assets, paying your debts, and distributing what’s left to your heirs.

Court Appointment: Even if you name someone in your will, the Plymouth County Probate and Family Court must formally appoint them.
Fiduciary Duty: The Personal Representative has a legal obligation to act in the best interest of the estate.

Why this matters:
Selecting the right person is a major decision. It requires someone with organizational skills and the ability to stay neutral during family disputes. We often tell our clients that our analytical approach helps them vet potential representatives to ensure the job gets done right.

6. The Massachusetts Estate Tax Threshold

While the federal estate tax threshold is quite high, the Massachusetts Estate Tax is a different story. If your total estate exceeds a certain value (currently $2 million as of recent legislation), the Commonwealth will want a share.

Total Value Includes Everything: This includes your home value, life insurance payouts, and retirement accounts.
Local Real Estate Impact: With home prices in towns like Hingham and Duxbury skyrocketing, many families find themselves “accidentally” over the tax threshold.

Why this matters:
Without proper planning, a significant portion of your hard-earned legacy could go to the state instead of your children. We help you look at your assets through a disciplined, strategic lens to minimize tax exposure.

7. Rights of Omitted Heirs

Did you know that you cannot accidentally disinherit a child in Massachusetts? If you leave a child out of your will, the law often presumes it was an oversight rather than a deliberate choice.

Pretermitted Children: These are children born after the will was written. They may be entitled to a share of the estate as if you died intestate.
Specific Language: If you truly intend to disinherit someone, your will must use very specific, legally sound language to withstand a challenge.

Why this matters:
Vague wording in a will can lead to years of litigation in the Plymouth County courts. Whether you are trying to protect a child or purposefully exclude an heir, clarity is your best defense against future family infighting.

8. The “Voluntary Administration” for Small Estates

Not every estate needs a long, drawn-out probate process. If the estate is “small”, meaning it consists only of personal property valued at $25,000 or less (excluding one car), you may qualify for Voluntary Administration.

Faster Results: This is a simplified process that doesn’t require the same level of court oversight.
Limited Scope: It cannot be used if there is real estate involved that needs to be sold or transferred.

Why this matters:
Knowing about this option can save you significant time and money. We help families determine the most efficient path through the probate system, ensuring you don’t spend more on legal fees than the estate is worth.

9. Debts Must Be Paid First

Before any heirs receive a single penny, the Personal Representative must ensure that all of the decedent’s valid debts and taxes are paid.

The Creditor Window: In Massachusetts, creditors generally have one year from the date of death to file a claim against the estate.
Order of Priority: There is a specific “pecking order” for who gets paid first (funeral expenses and legal fees usually top the list).

Why this matters:
If a Personal Representative distributes money to heirs too early, they could be held personally liable if a creditor later emerges. This is where our thorough, analytical approach is most valuable, we make sure every “i” is dotted so you aren’t hit with unexpected bills later.

10. Property Can “Escheat” to the State

This is the outcome everyone wants to avoid. If you die without a will and have no identifiable living relatives (heirs-at-law), your property can escheat to the Commonwealth of Massachusetts.

The Ultimate Loss: This means the state takes ownership of your home, your bank accounts, and your belongings.
Prevention: Even a simple will prevents this from happening by naming a charity or a friend as a contingent beneficiary.

Why this matters:
You worked hard for what you have. Letting it fall into the hands of the state because of a lack of planning is a tragedy. We help South Shore families create “safety net” plans to ensure their assets always go to the people or causes they care about.

Why a Partnership with Sawin Law, P.C. Makes the Difference

Navigating the probate and inheritance laws of Massachusetts isn’t just about knowing the statutes; it’s about knowing how those laws are applied right here in Norwell, Hingham, and the Plymouth County courts. When you work with Sawin Law, P.C., you aren’t just getting a lawyer, you’re getting a partner who understands the high stakes involved.

Your children, your finances, and your peace of mind are too important to leave to chance or the default rules of the Commonwealth. We bring a disciplined, military-honed focus to every case, ensuring that no detail is overlooked and every family is treated with the respect they deserve.

Ready to protect your family’s future?

Don’t wait for a crisis to start the conversation. Whether you need help with estate administration or you want to ensure your own plan is airtight, we are here to guide you.

Contact us today for a confidential consultation.

📞 (781) 713-1212
📍 Serving the South Shore and Plymouth County

Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Laws regarding inheritance and probate can change, and every family situation is unique. Reading this post does not create an attorney-client relationship. For specific legal guidance tailored to your circumstances, please consult with a qualified attorney at Sawin Law, P.C.

A Guide to Probate in Massachusetts: Which Estates Qualify?

by Sawin Law | Estate Adminstration

At Sawin Law, P.C., here in Norwell, we know that losing a loved one is never easy. For many families on the South Shore, the grief is often compounded by the overwhelming question: Do we need to go through probate?

Probate is the legal process of settling a deceased person’s estate, which involves paying debts, validating the will, and distributing assets. In Massachusetts, the probate process can be lengthy and confusing, often lasting at least 12 months to allow creditors time to file claims. But here’s the good news: not every estate needs to go through probate.

In this post, I’ll walk you through the basics of probate in Massachusetts, explain which assets must be probated, highlight those that don’t, and demonstrate how proper planning can make the process smoother for your loved ones.

What Is Probate in Massachusetts?

Probate is the court-supervised process of transferring assets after someone passes away. Its primary goals include:

Confirming the validity of a will
Appointing a personal representative (sometimes called an executor)
Identifying, valuing, and distributing assets
Paying outstanding debts and taxes
Resolving any disputes among heirs or creditors

No two probate cases are alike. Some South Shore families find the process relatively straightforward. In contrast, others face years of delay due to contested wills, unclear records, or creditor disputes.

That’s why understanding whether an estate needs probate in the first place is so important.

Estates That Must Go Through Probate

In Massachusetts, probate is typically required when the deceased owned property or assets solely in their name without a joint owner or beneficiary. These include:

1. Solely Owned Real Estate

If your loved one owned a house, condo, or land in Plymouth County or elsewhere in Massachusetts in their name only, probate is required.

Example: A home in Marshfield titled only to the decedent.
Exception: If the property was co-owned with rights of survivorship or held by spouses as tenants by the entirety, it transfers automatically to the surviving owner without probate.

2. Solely Owned Bank or Investment Accounts

Checking accounts, savings accounts, CDs, or investment portfolios without a designated beneficiary or joint owner are subject to probate.

Example: An investment account at Rockland Trust held solely by the decedent.

3. Solely Owned Vehicles

Cars, trucks, or boats titled only in the deceased’s name must usually be probated before the title can be transferred.

4. Personal Property of Significant Value

Jewelry, artwork, collectibles, or other high-value possessions may need probate if they aren’t otherwise assigned to a beneficiary.

If these types of assets are present, a probate case will likely need to be opened with the Massachusetts Probate and Family Court.

Assets That Do Not Require Probate

Fortunately, many assets can pass directly to heirs without the need for probate. Some common examples include:

Jointly Owned Assets

When an asset is jointly owned with “rights of survivorship,” it automatically passes to the surviving owner.

Example: A joint bank account held by a couple in Hingham will immediately transfer to the surviving spouse.
Example: Real estate titled “tenants by the entirety” between spouses in Scituate goes directly to the surviving partner.

Assets with Designated Beneficiaries

Certain accounts allow you to name a beneficiary, which means the asset transfers directly without probate:

Life insurance policies
Retirement accounts (401(k), IRA)
Payable-on-death (POD) or transfer-on-death (TOD) bank accounts

Assets Held in a Trust

Property or accounts placed into a living trust during someone’s lifetime avoid probate altogether. The trustee can distribute them according to the trust instructions without court involvement.

Example: A trust established by a Hanover resident directing that their home and savings be distributed to their children.

By setting up a trust or adding beneficiaries, many families here on the South Shore can save loved ones the hassle and expense of probate.

Why Some Estates Don’t Require Probate

The difference often comes down to how assets are titled and whether planning steps were taken ahead of time.

Solely titled assets → probate required
Jointly titled assets or those with beneficiaries → no probate
Trust assets → no probate

It’s also important to remember that even if probate isn’t required for certain assets, an estate may still need to be opened for others. For example, a decedent might have a jointly owned home (no probate) but also a bank account in their sole name (probate required).

How Long Does Probate Take in Massachusetts?

In Massachusetts, probate cases must remain open for at least 12 months to allow creditors to file claims. However, the process can stretch much longer if:

There are disagreements among the heirs.
The estate includes complex assets such as businesses and property located in other states.
Tax obligations or claims from creditors make the distribution process more complicated.

For families on the South Shore, careful planning is essential; otherwise, assets may remain tied up for years.

The Role of an Estate and Probate Attorney

Probate law is complicated, but you don’t have to navigate it alone. At Sawin Law, P.C., we help South Shore families:

Determine whether probate is necessary
File petitions and required paperwork with the court
Represent executors and personal representatives throughout the process
Resolve disputes among heirs or creditors
Minimize tax obligations where possible
Guide families on estate planning strategies to avoid probate in the future

Sometimes, we handle probate from start to finish for our clients. Other times, we’re brought in to address specific issues—like helping a family in Cohasset transfer real estate, or advising a Marshfield executor on how to handle creditors’ claims.

Local Perspective: Probate on the South Shore

Here in Plymouth County, probate is handled through the Massachusetts Probate and Family Court. For residents of towns like Norwell, Hanover, Scituate, and Duxbury, this usually means working with the Plymouth Probate and Family Court in Plymouth.

Every case is unique, but the challenges are often similar:

Ensuring heirs receive what they are entitled to
Managing family disagreements
Understanding Massachusetts-specific laws around real estate and asset transfer

As local attorneys, we offer both legal expertise and a thorough understanding of the community and the courts where your case will be addressed.

How to Avoid Probate in the Future

If you’re reading this because you’re currently dealing with probate, you know firsthand how stressful it can be. But with proper planning, you can help your own heirs avoid the same struggle. Strategies include:

Setting up a living trust can be a prudent step for effectively managing and protecting significant assets, including your home and investment accounts. This legal arrangement allows you to place these valuable properties in a trust, ensuring they are handled according to your wishes during your lifetime and distributed to your beneficiaries after your passing.
Enhancing your financial future can be as simple as adding beneficiaries to your life insurance, retirement plans, and bank accounts! This important step ensures that your loved ones are taken care of and have access to your assets when it matters most.
Owning property jointly with rights of survivorship creates a unique bond, allowing co-owners to ensure that their investment continues to thrive even after one party’s passing. It’s not just about owning land or a home together—it’s about building a lasting legacy that seamlessly transitions to the surviving owner.
Consider the idea of making thoughtful gifts during your lifetime as a strategic way to reduce the size of your estate. By sharing your assets with family and friends now, you not only create joyful moments and cherished memories, but you can also effectively minimize the estate that will need to go through the probate process later on. This proactive approach allows you to distribute your wealth on your own terms, ensuring that your loved ones benefit from your generosity while you can still witness their happiness. It’s a heartfelt way to make a lasting impact while also streamlining your estate planning.

At Sawin Law, P.C., we regularly work with South Shore families to design estate plans that minimize probate, reduce taxes, and protect loved ones.

Final Thoughts

Not every estate in Massachusetts has to go through probate. Whether it does depends on the nature of the assets, how they are titled, and what planning steps were taken.

Estates with solely owned property or accounts → probate required
Estates with joint ownership, beneficiaries, or trust assets → probate avoided

At Sawin Law, P.C., our goal is to take the stress out of estate administration for South Shore families. If you’re facing probate—or want to plan to spare your loved ones the burden—we’re here to help.

Call us today or contact us online to schedule a confidential consultation. Together, we can guide you through the probate process or put a plan in place to avoid it.

Disclaimer:

The information provided in this blog post is for general informational purposes only. It is based on Massachusetts law at the time of writing. Laws and legal interpretations may change over time, and we cannot guarantee this content’s continued accuracy or applicability. This post does not constitute legal advice, nor does reading it create an attorney-client relationship. If you have questions about your specific situation, you should consult directly with a qualified family law attorney.

The 5 Most Important Documents to Have in Your Estate Plan (and Why)

by Sawin Law | Estate Adminstration

A Guide for Massachusetts Residents from Sawin Law, P.C.

Estate planning isn’t just for the wealthy—it’s for anyone who wants to protect their family, assets, and wishes in the event of illness, incapacity, or death. Whether you live in Scituate, Hingham, Marshfield, or anywhere across the South Shore, having a well-thought-out estate plan ensures peace of mind for you and your loved ones.

But estate planning isn’t one-size-fits-all. While every individual or family may need a slightly different plan, there are five essential documents that every Massachusetts resident should consider including. These core documents help you stay in control, avoid costly delays in probate, and protect your loved ones when they need it most.

Here’s a breakdown of the five most crucial estate planning documents and why they matter—especially if you live right here in Plymouth County or the surrounding South Shore communities.

1. Last Will and Testament

Your Last Will and Testament is the cornerstone of your estate plan. It’s the legal document that spells out your wishes for how your property and possessions should be distributed after your death. But it does more than that.

Why It’s Crucial:

Appoints a personal representative (executor) to handle your affairs
Names guardians for minor children
Prevents family disputes by clearly outlining who gets what

If you die without a will in Massachusetts, your estate will be divided according to state intestacy laws, which may not reflect your true wishes. A properly drafted will ensures your intentions are honored and your loved ones are protected.

2. Trust (Revocable Living Trust)

A Revocable Living Trust goes a step further than a will. It allows you to place your assets—like real estate, bank accounts, and investments—into a trust that you control during your lifetime. Upon your death or incapacity, the assets are managed or distributed by a successor trustee according to your instructions.

Why It’s Crucial:

Avoids probate, which can be time-consuming and public
Offers more privacy than a will
Allows for the management of assets in case of incapacity
Helps with planning for blended families, special needs, or complex finances

For South Shore residents with significant assets, property in multiple states, or privacy concerns, a living trust can significantly simplify estate administration.

3. Durable Power of Attorney

Life can change in an instant. If you become incapacitated due to illness, accident, or aging, who will pay your bills, manage your investments, or handle your business affairs?

A Durable Power of Attorney (POA) allows you to legally appoint someone you trust to manage your financial affairs if you’re unable to.

Why It’s Crucial:

Avoids the need for a court-appointed guardian or conservator
Keeps your finances running smoothly during a crisis
Let’s you choose someone you trust—before it’s too late

Without a POA, your loved ones may have to petition the Massachusetts Probate Court to take care of everyday financial matters.

4. Medical Directive (Living Will + Health Care Proxy)

Also known as an Advance Directive, this document combines two critical components:

Living Will – Describes your wishes for end-of-life medical care, including whether you want life-sustaining treatments like ventilators or feeding tubes.
Health Care Proxy – Appoints someone you trust to make medical decisions for you if you’re unable to speak for yourself.

Why It’s Crucial:

Provides guidance to loved ones and doctors during medical emergencies
Helps prevent confusion, conflict, or guilt during difficult decisions
Ensures your voice is heard, even if you can’t speak

In Massachusetts, having a valid healthcare proxy can make a significant difference during an unexpected medical event.

5. Beneficiary Designations

Not all assets are included in your will or trust. Accounts, such as life insurance policies, retirement accounts (401(k)s and IRAs), and bank accounts with transfer-on-death designations, are passed directly to the named beneficiaries.

Why It’s Crucial:

Supersedes your will—whatever name is listed here receives the asset
Allows for faster distribution of these accounts after death
Reduces the burden on your estate and avoids probate for those assets

It’s essential to regularly review and update your beneficiary designations, especially after significant life events such as marriage, divorce, or the birth of a child.

Don’t Wait Until It’s Too Late

Estate planning is not something to put off. Without these five key documents in place, your family may face unnecessary stress, expense, and delays during an already difficult time.

At Sawin Law, P.C., we assist individuals and families throughout the South Shore, including Scituate, Cohasset, Hanover, and Duxbury, in creating thoughtful and personalized estate plans that provide genuine protection and peace of mind.

Ready to Protect What Matters Most?

Whether you’re just starting your estate plan or updating an old one, having the proper documents in place is essential. Let’s make sure your plan is built to reflect your wishes—and strong enough to stand when it’s needed most.

Call Sawin Law, P.C. today to schedule your estate planning consultation. We’ll guide you through every step, clearly explain your options, and help you create a personalized plan tailored to your life and goals.

📍 Serving families across the South Shore with care and confidence.

📞 Your future deserves attention—don’t wait to plan for it.

Disclaimer:

10 Common Mistakes to Avoid During Estate Administration in Massachusetts

by Sawin Law | Estate Adminstration

Estate administration in Massachusetts can be an overwhelming and emotionally charged process—especially for family members still grieving the loss of a loved one. Mistakes made during this time can lead to delays, unexpected tax liabilities, and even legal disputes among beneficiaries. Whether you’ve been named an executor or are helping a loved one navigate the probate process, understanding the most common missteps can help you avoid them and ensure the estate is administered efficiently and in accordance with state law.

At Sawin Law, P.C., we’ve guided many South Shore families through this complex process, and we’ve seen firsthand how preventable mistakes can create unnecessary stress. Here’s what to watch out for—and how to avoid trouble.

1. Failing to Update Estate Planning Documents

One of the most common mistakes happens before estate administration even begins. Outdated wills, trusts, or beneficiary designations can create significant complications.

Life changes fast—marriage, divorce, births, deaths, or even moving out of state should all trigger a review of estate documents.
Beneficiary designations on retirement accounts or life insurance policies often override the provisions in a will. If these aren’t updated, assets could end up in the wrong hands.

✅ Pro tip: Review and update estate planning documents every 3–5 years or after significant life events.

2. Overlooking or Mishandling Beneficiaries

Executors have a legal duty to locate and notify all beneficiaries promptly and accurately. Failure to do so can delay the probate process—or worse, lead to legal action.

Special considerations may apply to beneficiaries with disabilities, minors, or those receiving public benefits.
Personal property disputes are surprisingly common. Without clear instructions, arguments over sentimental items can escalate into courtroom battles.

✅ Pro tip: Communicate clearly and early. A thoughtful inventory and a letter of intent can reduce confusion and conflict.

3. Neglecting Tax Planning

Many people assume estate taxes only affect the very wealthy. However, in Massachusetts, estates valued at over $2 million are subject to the Massachusetts estate tax.

Life insurance policies are often included in the taxable estate unless appropriately structured.
Lack of planning can result in higher taxes for heirs and delays in closing the estate.

✅ Pro tip: Work with an attorney to explore tax-saving strategies like trusts or gifting, especially if the estate is close to the threshold.

4. Improper Handling of Assets

Administering an estate involves managing a wide range of assets, including property, bank accounts, digital assets, and personal belongings. Many executors underestimate the complexity of this step.

Digital assets, such as email, cloud storage, or cryptocurrency, may be inaccessible without proper planning.
Bank accounts, investments, and property titles must be transferred or closed appropriately—failure to do so can result in fees, penalties, or account lockouts.

✅ Pro tip: Maintain a comprehensive master inventory of all assets, including login credentials, and consult an attorney for guidance on asset transfers.

5. Misunderstanding the Probate Process

Probate is the legal process of validating a will and distributing assets. It’s more than just paperwork—it involves strict deadlines, legal notices, court filings, and sometimes public hearings.

Failing to meet deadlines can result in delayed administration or lead to legal consequences.
Not understanding which assets pass through probate (and which don’t) can lead to confusion and delays.

✅ Pro tip: In Massachusetts, some estates may qualify for simplified probate—ask a local attorney if this applies to you.

6. Choosing the Wrong Executor

The person named as executor (or personal representative) should be trustworthy, organized, and capable of managing financial and legal tasks. Sometimes, however, this role falls to someone unprepared for the responsibility.

Executors are legally liable for mistakes.
Family dynamics can complicate things, especially when the executor is also a beneficiary.

✅ Pro tip: If you’re creating a will, choose someone who can handle conflict diplomatically—or consider naming a professional fiduciary.

7. Procrastination

Grief often delays action, but estate matters usually come with legal timelines. Waiting too long can result in missed deadlines, unclaimed assets, or unnecessary court interventions.

Taxes, creditor claims, and notices must be filed within specific time frames.
Delays in property maintenance can cause asset depreciation or damage.

✅ Pro tip: Contact an estate attorney as soon as possible after a death. Getting organized early can save months of complications.

8. Not Getting Legal Guidance

Estate administration is not a DIY project—especially in Massachusetts, where probate and tax laws can be complex.

Missteps can create personal liability for the executor.
Well-meaning mistakes may result in financial penalties or litigation.

✅ Pro tip: A skilled estate attorney can handle filings, guide decision-making, and protect you from legal missteps.

9. Forgetting About Digital Assets

Digital accounts have real value—financial and sentimental. They should be accounted for and properly handled.

Online banking, investment platforms, and cryptocurrency wallets are increasingly common.
Personal items, such as photo storage, email, and social media, also require attention.

✅ Pro tip: Maintain a digital asset inventory and use password management tools to ensure accessibility after your passing.

10. Lack of Communication

Families are vulnerable during times of grief. A lack of transparency or miscommunication can lead to mistrust, even legal disputes.

Beneficiaries who feel left in the dark may assume wrongdoing has occurred.
Clear communication builds trust and minimizes the risk of challenges.

✅ Pro tip: Keep beneficiaries updated with timelines and progress. Consider regular written updates or group meetings to maintain transparency and accountability.

Call Sawin Law, P.C. Before Mistakes Cost You Time and Money

Whether you’re navigating probate for a parent, helping a spouse settle an estate, or trying to plan for your peace of mind, mistakes in estate administration can be costly and emotionally draining.

Let Sawin Law, P.C., help you avoid the pitfalls. Our South Shore attorneys have decades of experience guiding Massachusetts families through probate, estate planning, and trust administration. We take the stress off your shoulders so you can focus on what matters most.

📞 Call us today for a confidential consultation. Don’t wait until a small mistake turns into a big problem—get trusted guidance from a local legal team who cares.

Disclaimer:

What Happens If You Die Without a Will in Massachusetts? Understanding Intestate Succession

by Sawin Law | Estate Adminstration, General Information

Most people assume their assets will naturally pass to the “right” people when they die—but that’s only true if you have a legally valid will or trust. Suppose you pass away without a will in Massachusetts. In that case, your estate will be subject to intestate succession, meaning the Commonwealth decides who inherits your property based on a fixed legal formula.

At Sawin Law, P.C., we often counsel South Shore families navigating probate after a loved one dies without a will. Here’s what you need to know about how intestacy works in Massachusetts, and why proactive estate planning matters more than ever.

What Does “Intestate” Mean?

When someone dies without a valid will, they are said to have died intestate. Their estate will be handled through the Massachusetts probate system according to the rules outlined in the Massachusetts Uniform Probate Code (MUPC), specifically M.G.L. c. 190B, Article II.

Who Inherits Under Intestate Succession Laws?

Intestate succession in Massachusetts depends on your family situation at death. Here are some common scenarios:

1. Married with No Children or Parents

The surviving spouse inherits the entire estate.

2. Married with Children from the Same Spouse

The surviving spouse inherits the entire estate.

3. Married with Children from a Previous Relationship

Spouse receives the first $100,000 of the estate plus half the remaining balance.
The children from the prior relationship share the remaining half.

4. Married, No Children, But Surviving Parents

Spouse receives the first $200,000 plus three-quarters of the remaining estate.
Surviving parent(s) receive the rest.

5. Single with Children

Children inherit the estate in equal shares.

6. Single with No Children

Estate goes to parents (if living), or else to siblings, nieces and nephews, and so on down the line of relatives.

Important Notes:

Only biological and legally adopted children are considered heirs. Stepchildren are omitted unless legally adopted.
The estate may escheat to the Commonwealth of Massachusetts if no relatives can be located.

What Assets Are Affected by Intestacy?

Only probate assets are distributed under intestate succession. This includes:

Real estate held in your name only
Bank accounts without a named beneficiary
Personal property like vehicles, jewelry, or furniture

Assets that bypass probate and are not governed by intestacy laws include:

Jointly owned property (passes to the surviving owner)
Life insurance policies with a named beneficiary
Retirement accounts (e.g., 401(k), IRA) with a named beneficiary
Trust-held property

Why Dying Without a Will Can Be a Problem

Intestacy laws may not reflect your wishes. You lose control over:

Who manages your estate
Who receives specific heirlooms or personal property
Whether estranged relatives inherit from you
How and when children receive their inheritance (e.g., all at once at age 18)

This can cause stress, delays, and even family conflict, especially when children from prior relationships or blended families are involved.

How the Probate Process Works Without a Will

When someone dies intestate:

The court appoints a Personal Representative (formerly called an executor)
The estate is inventoried, and debts are paid
Remaining assets are distributed according to the law

The process can take significantly longer if there is no clear next of kin, as the court searches for qualified heirs.

Can You Avoid Intestate Succession?

Yes. With a valid estate plan, you control:

Who receives your assets
Who manages your affairs
How assets are distributed over time
Who raises your children if they are minors

At Sawin Law, P.C., we help Norwell, Hingham, Hanover, and Plymouth County families create wills and trusts that reflect their values and avoid unintended consequences.

Protect Your Legacy With a Customized Estate Plan

Don’t leave your loved ones at the mercy of state law. With proper planning, you can:

Minimize taxes and delays
Protect vulnerable beneficiaries
Keep sensitive family matters out of court

📞 Contact Sawin Law, P.C. today to schedule a consultation. We’ll help you build a clear, enforceable plan to honor your wishes and protect your family.

Sawin Law, P.C.

Providing estate planning and probate guidance for South Shore families with care, clarity, and legal strength.

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Using Your Estate Plan to Care for the People You Love Most

by Sawin Law | Estate Adminstration, General Information

When most people hear “estate plan,” they think about money or legal paperwork. But the truth is, a good estate plan isn’t just about assets — it’s about people. It’s about ensuring the ones you love are protected, supported, and cared for, even when you can no longer do it yourself.

At Sawin Law, P.C., we help families across the South Shore — from Hingham to Norwell to Marshfield — create estate plans that reflect more than just finances. Our clients want peace of mind. They want to care for their kids, honor their commitments, and leave fewer burdens behind.

Here’s how estate planning can help you care for the people most matter.

Why Estate Planning Is an Act of Care

It’s easy to put off estate planning. No one likes to think about what happens after they’re gone. But taking the time to create a plan isn’t just smart — it’s an act of love.

A clear estate plan:

Prevents confusion during already emotional times
Keeps your family out of probate court
Ensures your wishes are followed
Protects your loved ones from financial or legal stress

Whether you’re planning for aging parents, young children, a spouse, or even siblings, your Plan can guide how you want your family to be cared for when you’re not there to do it yourself.

Naming Guardians for Minor Children

Naming a guardian for your children is one of the most essential parts of any estate plan. If something unexpected happens to you, who would raise them?

Without a named guardian, a Massachusetts court will decide — and while they’ll try to act in the child’s best interest, they may choose someone you wouldn’t have.

By naming a guardian in your will, you get to:

Choose someone who shares your values
Guide education, religion, and healthcare
Prevent potential disputes among family members
Give your kids stability during an already difficult time

Even if you’re young and healthy, this is one of the most loving steps you can take as a parent.

Caring for a Loved One with Special Needs

Your estate plan becomes even more critical if you have a child, sibling, or other relative with special needs.

Many people want to leave money to a loved one with disabilities. Still, if you do it incorrectly, you could make things more complicated. Direct inheritances can affect eligibility for essential programs like SSI or MassHealth.

Instead, you can use a Special Needs Trust, which allows you to:

Set aside funds for your loved one’s care
Protect their eligibility for benefits
Choose a trusted person to manage the money
Give them security without adding red tape

This type of planning is essential in Massachusetts, where benefit eligibility rules are strict. A simple will usually isn’t enough, but the right trust can make all the difference.

Supporting Aging Parents or a Spouse

Estate planning isn’t only for when you pass away — it also helps prepare for unexpected health issues, hospital stays, or cognitive decline.

You can plan by:

Naming a Durable Power of Attorney to handle finances
Assigning a Health Care Proxy to make medical decisions
Creating a trust to support your spouse or parent if they become unable to manage on their own

These tools help avoid court involvement and allow your loved ones to step in quickly if needed, without unnecessary stress or delays.

Planning for Blended Families and Second Marriages

Suppose you have a blended family, children from a previous marriage, or have remarried later in life. In that case, your estate plan becomes even more critical.

In Massachusetts, if you don’t have a will or trust, your assets might go to your current spouse, even if you intended to leave something for your children from a prior marriage.

Good planning allows you to:

Make sure all children are treated fairly
Provide for your spouse without disinheriting others
Prevent conflict between family members
Control how and when assets are distributed

This can be especially important for homes, family heirlooms, and retirement accounts — assets that can be deeply personal and easily contested if your wishes aren’t written down.

Reducing Family Conflict

Unfortunately, we’ve seen how a lack of planning can lead to arguments, court battles, or estrangement among family members. It often happens when one person feels left out or has no clear direction about what should happen.

A well-drafted plan helps by:

Naming clear decision-makers (executors, trustees, agents)
Providing written instructions
Using trusts to avoid probate and delays
Reducing the chance of misunderstandings or disputes

When your wishes are written down, you give your family the gift of clarity and stability — and reduce the emotional burden during an already painful time.

Your Plan = Their Protection

Every family is different. Some people worry about guardianship. Others need to protect a child with a disability. Some want to make sure their spouse can stay in the house. Whatever your situation, estate planning lets you provide care and security — even when you’re not there in person.

Here are a few real-life examples of how estate plans help:

A couple in Duxbury created a trust so their special needs son could be supported for life, without losing government benefits.
A mother in Norwell made sure her teenage daughter would live with her sister and even wrote a letter with her wishes about school and routines.
A remarried man in Hingham set up a trust to provide for his second wife during her lifetime, with the remainder going to his adult children later.

None of these families is wealthy. They just wanted to protect the people they love — and they did, with the help of a plan.

Let’s Create a Plan That Reflects What Matters to You

You don’t need to be wealthy or retired to make an estate plan. If you care about someone and want to help them, that’s reason enough.

At Sawin Law, P.C., we guide South Shore families through every step of the estate planning process. We listen to your goals, explain your options, and help you put a plan in place that’s legally sound and deeply personal.

📞 Call us today to schedule a confidential consultation. We’re here to help you protect what matters most — with a plan that brings peace of mind to everyone you love.

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