Are there any restrictions on who can inherit from an intestate estate?

Yes, there are restrictions on who can inherit from an intestate estate in Massachusetts. Intestate succession laws in Massachusetts determine who is eligible to inherit from an estate if the deceased did not leave a will. The Massachusetts intestate succession laws are based on common law, which is an unwritten set of rules established through court decisions. The list of eligible inheritors is not as flexible as it would be if a will had been left behind. Massachusetts intestate succession laws dictate that surviving spouses are given priority over other heirs. For instance, if the deceased has a surviving spouse and no children, the surviving spouse will receive the entire estate. If the deceased has a surviving spouse and children, the spouse will receive the first $200,000 of the estate plus half of the remaining balance. The children will inherit the remainder. If there is no surviving spouse, the estate is distributed to the deceased’s children or their descendants, if they are deceased. If the deceased had no children, the estate is distributed to the deceased’s parents. If the deceased’s parents are also deceased, the estate is distributed to siblings or their descendants, beginning with the nearest in kinship line. If there are no surviving family members, the estate is given to the state. In Massachusetts, intestate succession laws exclude certain family members from inheriting an estate. Step-children, for example, have no right to inherit the estate of a stepparent if the stepparent did not adopt them. Intestate succession laws also exclude any person who has been convicted of murder or manslaughter of the deceased from inheriting an estate.

Related FAQs

How is an intestate estate divided if there are no surviving relatives?
Can a surviving spouse make a will after the death of the deceased?
Are there any restrictions on how an intestate succession is divided?
Can a court order the division of an intestate estate?
Are there tax consequences for inheriting from an intestate estate?
Are there any debts that cannot be claimed in an intestate succession?
Are there any restrictions on who can serve as the executor of an intestate estate?
How does a surviving spouse's remarriage affect an intestate succession?
How do state laws of intestacy apply to stepchildren?
What happens to life insurance proceeds in an intestate succession?

Are there any restrictions on who can inherit from an intestate estate?

Related FAQs

Related Blog Posts