What happens if you die without an estate plan?

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Creating an estate plan is not an easy subject to broach, especially with someone who is young and healthy. Human nature allows us to always think we have time. Unfortunately, life is unpredictable, and as such, people can be caught off guard and die without ever executing even a simple will. If that is the case and you die without an estate plan (intestate), the Commonwealth of Massachusetts will determine how your assets are distributed.

Given the aforementioned, the Massachusetts Uniform Probate Code (MUPC) sets forth the procedure for administering an intestate estate. Before assets can be distributed, a petition must be filed in the probate court of the county in which the deceased resided, along with a request for an administration. This can be formal or informal. The court then appoints an administrator or personal representative to identify and gather the assets and liabilities of the estate and report them to the court, sometimes referred to as an accounting. This process can be very lengthy and costly. The court may also direct the personal representative to sell real property, wind up any business concerns, pay final debts, and file final income and estate tax returns.  The ultimate cost will depend upon how much work the personal representative must perform to administer the estate.

Once the final accounting is complete, the MUPC establishes the parameters for distribution of the intestate estate’s assets. The decedent’s surviving spouse has priority under the MUPC.The decedent’s surviving spouse takes the entire estate when the decedent has no surviving children or surviving parents. Additionally, if the decedent left surviving children who are also children of the surviving spouse, then the spouse will get the entire share. Lastly, the surviving spouse will get the entire share if the surviving spouse’s children (the decedent’s step-children) do not survive the decedent.

A surviving spouse’s share can be reduced if the decedent had other family members. The surviving spouse’s share will be reduced if the decedent had surviving parents, but no children. In that case, the surviving spouse will take the first $200,000, plus 3/4 of the balance of the estate. The remainder will go to the decedent’s surviving parents. The surviving spouse’s share will be $100,000, plus 1/2 of the remaining balance if all of the decedent’s children are children of the surviving spouse and the surviving spouse has at least one child that is not also a child of the decedent. The surviving spouse will be awarded the same amount if the decedent has at least one child who is not a child of the surviving spouse.

If the decedent dies without leaving a spouse, the decedent’s descendants get first priority. Next, if there are no children or grandchildren, then the surviving parents have priority. If there are no surviving parents, then the decedent’s siblings get priority. If the decedent dies without siblings, then the next of kin will get priority.

Troy Sullivan, Massachusetts Estate Planning Attorney

A Knowledgeable Estate Planning Attorney Can Help Avoid Unintended Results

Attorney Troy Sullivan, an experienced and knowledgeable estate planning on Boston’s North Shore, can help you avoid the unintended results, and potentially exorbitant costs to your family, of dying intestate. Call The Sullivan Firm, P.C. today at (978) 325-2721 to learn how careful estate planning can expedite or even avoid probate and dispose of your estate in the manner in which you want.

How Long Does the Probate Process Take in Massachusetts?

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When someone in Massachusetts dies (the “decedent”), their property and ownership rights are passed along to heirs and beneficiaries through a process known as probate. The extent to which a decedent’s estate will need to be probated depends upon how their property was titled and if they had a will. In most instances, at least some of the assets from a decedent’s estate eventually wind up being distributed in probate court.

Straight-forward cases involving a very small estate and few heirs can usually be resolved in less than a year. However, more complicated or highly contested cases, like those that fall under intestate succession laws, can drag on in court for years or even decades. Unfortunately, a lengthy and emotional probate process can be very hard on loved ones who are still mourning the death of the decedent.

What Factors Lengthen the Probate Process?

The circumstances surrounding every decedent’s estate are unique and ultimately influence how much time is required to go through the probate process. Factors that can lengthen probate process include:

Creditors who have one year in Massachusetts to make a claim against the estate.

  • People named as heirs in the will who cannot be located, have passed away or otherwise become incapacitated.
  • When beneficiaries aren’t aware of what assets or property was owned by the decedent and time is spent searching for documents like stock certificates or deeds to property held in another state or country.
  • Disagreements over what to do with a piece of real estate that involve court time to get the issue resolved.
  • Disputes over who should serve as the personal representative of the estate because one wasn’t clearly designated by the decedent.
  • Disagreements over the validity of the will itself that has to be settled in court first.
  • Disputes over how real estate title is held.

If a person dies without a will and then delays arise while trying to determine and locate next of kin or heirs during intestate succession proceedings.

These complications can hold up the probate process for years. Then you have variables like court waiting periods and statutory time frames that can further lengthen probate proceedings.

Preventing Delays in the Probate Process

Fortunately, there are several ways to avoid putting your loved ones through a lengthy and potentially heated probate process after you die, including:

  • Make sure you keep updated records on all family members, their relationships to you, and by including current contact information for each one. This is notably important when you don’t have a surviving spouse or any children, but do have other living relatives.
  • Compile an updated list of all your assets, how they are being held and where they’re located.
  • Speak with your family members beforehand about your plans for distributing your estate to minimize future disagreements.
  • Designate a personal representative who will administer your estate after you die.
  • Make sure that you have a clear title for any real property that you own, and that you have written down the location of assets like real estate titles, stock certificates or savings bonds.
  • Talk to an experienced Massachusetts estate planning attorney about ways to bypass the probate process altogether.

The average probate process in Massachusetts lasts between 18 months and two years. But you can avoid putting your loved ones through such a lengthy and emotional process by drafting an estate plan with clear instructions based on your final wishes.

Massachusetts Estate Planning & Probate Law Advisors

The best way to shorten the amount of time that your estate spends in probate, or avoid it completely, is to plan-ahead by drafting a rock-solid estate plan working side-by-side with an experienced estate planning attorney at The Sullivan Firm, P.C.

If we can assist you, call our office today to arrange a FREE exploratory meeting at: (978) 325-2721. Or, you can also conveniently contact us by email now.

Is a HIPAA-release required for Massachusetts Health Care Proxies?

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What is a HIPAA Release?

The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) is a federal law that protects the privacy and security of individuals’ medical records in the United States. Generally, HIPAA prohibits health care providers and insurance companies from disclosing a patient’s medical information to third parties without the patient’s prior written authorization in the form of a HIPAA Release. However, what happens if you become incapacitated and cannot provide written authorization to allow your health care agent to see your records?  The experienced and knowledgeable attorneys at The Sullivan Firm, P.C. will draft the necessary documents as part of your estate plan to ensure that your health care agent can review your medical records if the need ever arises so they can make an informed decision about your treatment. Read more

What Happens in Massachusetts When a Will Cannot Be Found?

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In Massachusetts, a lost or misplaced will can present many problems for the family of the deceased. Losing a will may create lengthy and costly litigation among family members who each claim the estate of the deceased. Contentious litigation may drive a wedge through the family and could prevent the deceased’s true intentions from being carried out. As an estate planning specialist, Attorney Troy Sullivan can work with you to draft an effective estate plan and ensure that your wishes are carried out.  This will save everyone who has suffered the loss of the deceased from the stress and effort of attempting to prove what the person would have wanted. Read more

What happens if you die without an estate plan?

/in

Creating an estate plan is not an easy subject to broach, especially with someone who is young and healthy. Human nature allows us to always think we have time. Unfortunately, life is unpredictable, and as such, people can be caught off guard and die without ever executing even a simple will. If that is the case and you die without an estate plan (intestate), the Commonwealth of Massachusetts will determine how your assets are distributed. Read more

Making Charitable Bequests in Your Will or Trust

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Upon their deaths, many individuals opt to leave part or all of their assets to a charity of their choosing. This is known as a charitable bequest. In fact, many charities rely on charitable bequests for a significant portion of their annual donations and regularly solicit bequests through fundraising drives. A charitable bequest can be made through a gift or via a will or trust. Read more

How Long Does the Probate Process Take?

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The amount of time that the probate process will take depends entirely upon the unique circumstances of each decedent’s estate. Factors that can affect how long the process will take include:

  • The types of assets
  • The number of assets and their monetary value
  • The number of heirs
  • Locating the heirs
  • Determining heirs in the case of intestate succession
  • Whether a will has been drafted
  • Proving the validity of a will
  • The amount of debt and whether any creditors will attempt to collect on the debt
  • Tax issues
  • Whether there are any disputes or other uncertainties

Read more

Smart Estate Planning For A Family Business

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If you own or operate your own business, you likely have valid concerns regarding the future of your business should you pass away. Estate planning for a family business requires working with a competent estate planning attorney who can assist you with drafting a legally sound business succession plan. Read more

Mental Incapacity and Estate Planning

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The common issue of mental incapacity is one of the most important reasons for beginning the estate planning process early. While you may work hard at taking care of yourself, you do not know what the future has in store for you. Estate planning allows you to ensure that your assets are protected and distributed in the manner you choose in the event that you become incapacitated later on in life. Read more

Do I Need a Will or Trust, or Both? Answered by a Massachusetts Estate Planning Attorney

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Many people are familiar with the terms “will” and “trust,” however, they don’t exactly know the difference, nor do they know which is more appropriate to address their needs. Being proactive with your financial planning and asset protection is the first step to taking care of your assets and your family when you pass. The next important step is determining which type of protection and planning will fulfill your wishes and make the most sense for your individual set of circumstances.  Read more