A family’s legacy should bring loved ones together, not create conflict, stress, and legal challenges. Unfortunately, I’m working on a case that highlights what can go wrong when estate planning is neglected. It involves three generations, two probates, and one big mess—all of which could have been avoided with the right planning.
If you’re wondering what could happen to your family without a plan in place, keep reading. This story shows why wills and trusts aren’t just for the wealthy—they’re for anyone who wants to protect their family and avoid unnecessary legal battles.
The Case: Three Generations, One Family Home, and Two Probates
This story begins with a family home owned by a couple as tenants by the entirety. When the wife passed away in the early 2000s, ownership automatically transferred to her husband. He lived there for years, but unfortunately, he passed away without a will or trust.
Under Massachusetts intestacy laws, the father’s estate needed to be probated. His heirs at law are his children and the children of any deceased child. For this family, that means the children of the oldest child (who had already passed away) and his surviving middle child.
But it doesn’t stop there. The youngest child, who was living in the family home, also passed away without a spouse, children, or an estate plan. Now, his estate needs to be probated as well. According to Massachusetts intestacy laws, his heirs are his surviving sibling and the children of his oldest sibling.
The youngest child’s long-time partner, who lived in the house for nearly 20 years, has no legal right to the property because Massachusetts doesn’t recognize unmarried partners as heirs. To complicate matters further, the family needs to sell the house to avoid paying taxes and upkeep, which may require an eviction case to resolve.
What Could Have Been Done Differently?
This situation is a textbook example of how estate planning could have saved time, money, and stress for everyone involved. Here’s how:
- A Trust for the Father:
If the father had created a revocable trust, his estate would not need to go through probate. The home could have passed directly to his intended beneficiaries without court involvement. This simple step would have avoided one probate entirely. - A Will or Trust for the Youngest Child:
With a will or trust, the youngest child could have ensured his partner of 20 years was protected—whether through a life estate, the right to live in the home, or another arrangement. Without any plan in place, Massachusetts intestacy laws determined that the partner was not entitled to inherit. - Better Communication and Planning:
Estate planning is more than just creating documents. It’s about understanding your family’s unique situation and ensuring everyone is cared for. This family could have avoided two probates, a potential eviction, and years of uncertainty by taking proactive steps to plan.
Understanding Massachusetts Intestacy Laws
When someone dies without a will in Massachusetts, their estate is distributed according to the state’s intestacy laws. These laws follow a strict family tree, prioritizing spouses, children, and other relatives. Unmarried partners, stepchildren, and close friends are not considered heirs unless specifically named in a will or trust.
For this family, intestacy laws created a complex web of heirs, including children, nieces, nephews, and siblings. These laws also left the youngest child’s partner without any claim to the home they shared for two decades.
The Cost of Doing Nothing
Without an estate plan, this family is now facing:
- Two probate cases: One for the father’s estate and one for the youngest child’s estate.
- A potential eviction: To sell the property, the family may need to evict the youngest child’s partner.
- Legal fees and delays: Probate can take months or even years, delaying the resolution of the estate.
- Emotional stress: The family must navigate these challenges while grieving their losses.
How to Avoid a Similar Situation
If you want to protect your family and ensure your wishes are honored, here’s what you can do:
- Create a Trust: A revocable trust can help your assets pass directly to your beneficiaries, avoiding probate and simplifying the process.
- Write a Will: Even a simple will ensures your assets are distributed according to your wishes.
- Plan for Unmarried Partners: If you’re not married but want to provide for a partner, a trust or will is essential.
- Communicate Your Plans: Talk to your family about your intentions to avoid confusion or disputes down the road.
Don’t Leave Your Family in a Mess
This case is a powerful reminder of the importance of estate planning. Massachusetts intestacy laws are rigid, and without a will or trust, your family could face unnecessary legal battles, costs, and stress.
If you haven’t started your estate plan—or if it’s been years since you last reviewed it—now is the time. At Cote Law Group, we specialize in helping families avoid probate, protect their loved ones, and ensure their wishes are carried out.
Contact us today to schedule a consultation. Let’s create a plan that brings your family peace of mind, not legal chaos.
Looking for an estate planning attorney in Massachusetts? Cote Law Group is here to help. Whether you need a will, trust, or comprehensive estate plan, we’ll guide you every step of the way. Call us today or visit [yourwebsite.com] to get started.
