Many people assume that if they pass away, everything will simply go to their spouse and children automatically—so there’s no real need for a Will. It’s an understandable assumption, but, unfortunately, it isn’t always how things work. When someone dies without a Will, state law determines who inherits their assets and how those assets are distributed. While family members are often included, the outcome may not be as simple, efficient, or aligned with your wishes as you might expect. 

For Massachusetts residents, the Massachusetts laws that govern intestate succession determine how an estate is distributed when there is no valid Will. Heirs at law are those individuals who are entitled by law to receive property after one’s death if the person did not have a Will. Although the order of inheritance prioritizes the surviving spouse and children, there may be situations where your surviving spouse and children do not receive your entire estate.  

• Surviving Spouse: If a married person dies intestate and with children, and all of the children are children of the marriage, then the married person’s entire estate will pass to the spouse. However, if either spouse has a child from a prior marriage or relationship, then the amount passing to the surviving spouse is the first $100,000 plus 50% of the remaining probate estate. If a married person dies intestate and does not have children, but has at least one surviving parent, then the estate is divided between the surviving spouse and parent(s).

 

• Biological and Adopted Children: If an unmarried person dies intestate and has children, then the entire estate will pass to the surviving children. An individual is the child of his/her natural parents regardless of their marital status. A legally adopted individual is the child of his or her adopting parents and will inherit the same as if they were a biological child.

 

• Stepchildren: A stepchild is not considered an heir at law unless the child was legally adopted by the stepparent before their death. Keep in mind that even though the child was adopted by the stepparent, the child can still inherit from or through his or her natural parent.

 

• Grandchildren: A grandchild will only inherit if your child (the grandchild’s parent) dies before you. If your grandchild is not your child’s natural or legally adopted child, then the grandchild will not be considered an heir at law

 

An estate plan is an investment and not having one because “everything will go to my spouse and children anyway” may lead to unintended consequences. Not having an estate plan in place can turn what would have been a seemingly simple property distribution to your spouse and children into a complicated, time-consuming, and expensive mess. Taking the time to put a plan in place helps ensure your assets pass the way you intend and can spare your loved ones unnecessary complications during an already difficult time. 

If you are ready to create your estate plan, give us a call to meet with one of our attorneys so that we can help you clearly articulate your intentions, even if “everything will go to your spouse and children anyway.”

Attorney Brittany Hinojosa Citron is a senior associate attorney with the law firm of Samuel, Sayward & Baler LLC which focuses on advising its clients in the areas of trust and estate planning, estate settlement, and elder law matters. This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney. 

 

March 2026

 

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