Q: What happens if a will is not filed?
A: The estate (if any) goes by intestate succession (see below).
Q: How do I find out if a will has been filed?
A: Go to the probate court in the county where the person died and ask if one is filed.
Q: Who is entitled to see the will?
A: Anyone; it's public information.
Q: My husbands grandmother died and was told he was going to get a certain amount of money. Four years have passed but he still has not heard.
A: I suspect then that he is out of luck. Even if a will were found now, it probably could not be probated. If there are any assets left in grandma's name, they will be passed according to the intestate succession laws. A probate must be established for this.
http://www.finance.cch.com/pops/c50s10d190_MA.asp
Massachusetts Intestate Succession Laws
If any part of a Massachusetts decedent's estate is not effectively disposed of by will, the intestate share of the estate will be distributed in the following order and manner:
1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:
* At a minimum, a surviving spouse is entitled to the first $200,000 of the estate (after funeral expenses, medical bills, etc. are paid).
* If the decedent leaves kindred (but no issue, affectionately known as children) and the probate court determines that the whole estate is valued over $200,000, the surviving spouse is entitled to the first $200,000 plus one-half of the remaining personal and real property. If the personal property is insufficient to pay the $200,000, the surviving spouse may petition the court that shortfall be paid from the sale or mortgage of the estate's real property.
* If the decedent leaves issue, the surviving spouse gets one-half of the personal and real property in the intestate estate.
* If there is no surviving issue or kindred of decedent, the surviving spouse gets the whole estate.
2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes in the following order to:
1. Decedent's surviving children and any predeceased children equally, with a predeceased child's children splitting the predeceased child's share equally.
2. If there are no surviving children of decedent, to decedent's lineal descendants, with descendants in the same degree of kinship sharing equally.
3. Decedent's surviving parent or parents equally.
4. Issue of decedent's parents, by representation (as described above).
5. Decedent's surviving siblings and any predeceased sibling equally, with a predeceased sibling's children splitting the predeceased sibling's share equally.
6. Decedent's next of kin in equal degree. If there are two or more kindred in equal degree claiming through different ancestors, those claiming through the ancestor nearest to the decedent are preferred over those claiming through a more remote ancestor.
3. Commonwealth of Massachusetts. If there is no taker under any of the above provisions, the intestate estate passes as a last resort to the commonwealth of Massachusetts. However, if the decedent was a veteran who died while a member of the Soldiers' Home in Massachusetts or the Soldiers' Home in Holyoke, the intestate estate goes to the legacy fund or legacy account of such soldiers' home.
Massachusetts Intestate Succession Law Fun Facts
* A child who is conceived before decedent's death, but born afterwards, is considered to be alive at decedent's death for purposes of inheritance.
* Any kindred of the half blood inherit equally with those of the whole blood in the same degree (e.g., half-brothers or half-sisters share equally).
* Massachusetts' intestate succession laws can be found in Chapter 190 of the General Laws of Massachusetts.
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