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Who inherits estate when there is no will? (MA)

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probateproblems

Guest
(Massachusetts)
Wife dies without will, leaving behind her husband and children. Does the husband automatically inherit everything? Or do the children inherit the wife's 50% of the estate? I'm dying to solve this dispute.

At the time of death all children were of age (18+). 3 were still living with parents before death. 2 others were married. Don't know if that makes any difference.

thanks
 


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advisor10

Guest
AUG. 30, 2001

DEAR PROBATE PROBLEMS:

If you all were really interested in solving this problem, why haven't you consulted a probate attorney?

Surviving spouse is entitled to $25,000 and 1/3 of the deceased spouse's remaining estate and the other 2/3 to children. But this also conflicts with another section of the law that says 1/2 goes to surviving spouse, and 1/2 to the children, so you really will have to consult with an attorney to find out the exact answer. Please consider posting this question on the website www.lawguru.com where it is more likely that a Massachusetts attorney will see it and respond.

SINCERELY,

[email protected]
 
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probateproblems

Guest
Thanks Knort,
The reason I haven't contacted an attorney is that at present time it is not a major problem. I suppose it could become a greater problem though. I am one of the children in the scenerio mentioned. A few of my other siblings have stated they have inherited the deceased share if you will. 50%. I was in disbelief over that. I guess I was wrong. I know my father for one doesn't like the idea! I will take your advice and post my question on that site.
Thanks
Probateproblems (never have to change my name as long as there is family to fight with lol)
 

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