Can an intestate estate be divided unequally among heirs?

Yes, an intestate estate in Massachusetts can be divided unequally among heirs. If the deceased did not have a valid will, the Massachusetts Intestate Succession law determines how property is divided. According to the law, the decedent’s surviving spouse or domestic partner is entitled to the entire estate if there are no children or other descendants, or if all of the descendants are also descendants of the surviving spouse. If the deceased had children or other descendants, the surviving spouse is entitled to the first $25,000 of the estate plus one-half of the balance. The children or other descendants receive the balance of the estate. If there is only one living child or descendant, that person receives the entire estate. If the decedent has no spouse, the intestate estate is divided among the decedent’s children or other descendants. If there is only one living descendant, that person receives the entire estate. If there are multiple descendants, the estate is divided among them in equal shares or unequal shares, depending on the wishes of the decedent and the needs of the heirs. It is important to note that even if the heirs decide to divide the estate unequally, they are still bound by the Massachusetts Intestate Succession law. They must make sure that all of the legal requirements are met and that the division is fair. An attorney should be consulted to ensure that the rights of the heirs are protected.

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Can an intestate estate be divided unequally among heirs?

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