What is the law of descent and distribution?
The law of descent and distribution is a Massachusetts law that applies when a person dies without having made a will (intestate). This law is designed to ensure that all of a person’s assets are fairly distributed to family members such as spouse, children, and parents. Under this law, the Massachusetts courts will review the deceased’s assets and determine the rightful heirs to the estate. The law recognizes the spouse of the deceased as the first in line to receive assets, followed by the deceased’s children. In some cases, if the deceased has no spouse or children, the parents, siblings and other family members may be entitled to some of the estate. Additionally, the law of descent and distribution applies to any assets that the deceased may have had, including real estate, personal property, bank accounts, and other investments. The court will apply the law to all of the deceased’s possessions in order to ensure that all heirs receive their rightful share. If the deceased had made a will, the courts would have honored the wishes of the deceased as written in the will. However, without a will, the law of descent and distribution ensures that the estate is distributed fairly to all family members. This law provides peace of mind to those who wish to ensure that their family is provided for after their death.
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