IF I DIE WITHOUT A WILL WILL THE GOVERNMENT TAKE MY ASSETS?
/The quick answer is No.
If you do not have a will when you die, you are considered to have died “intestate.” When this happens intestacy laws of the state where you reside, like Massachusetts, will determine how your property is distributed upon your death. This includes all your assets, bank accounts, real estate, etc.
Massachusetts Intestacy Statute
If you are married, there are a few different scenarios that state how much the surviving spouse would receive.
If you are not married, everything goes to your next of kin. Your next of kin are the people who have the closest blood relation to you. It could include aunt/uncles, nieces/nephews, cousins and other distant relatives.
Generally, if you had no relatives at the time of your death, only then will the entire estate go to the state.
What if I’m in a relationship but we are not married to each other?
Your surviving girlfriend/boyfriend, would not inherit your estate if there is no will. Unless there is a valid will which clearly states how you had intended to distribute your property, your property will be divided among relatives, depending on their relationship to you, as mentioned above.
If you want to be able to decide what happens to your assets once you are gone, take the time to speak to an Attorney. They will be able to help you draft a Last Will and Testament that sets forth your intentions.
Have questions or concerns about your estate planning? Contact us to discuss further:
E.M. Curran Legal LLC
10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
