Does a surviving spouse have any rights to an intestate estate when there is a will?

In Massachusetts, a surviving spouse has some rights to an intestate estate when there is a will, but not all. This is because the will governs how the estate is divided among either the heirs or the beneficiaries of the will. The surviving spouse generally still has the right to claim a certain portion of the estate, even when there is a will. This is called an elective share, and it is the right of the surviving spouse to receive a certain portion of the decedent’s estate. This right is rarely absolute, and the size of the surviving spouse’s elective share depends on the size of the estate and the number of the decedent’s children. In general, if the decedent had a valid will, then the surviving spouse is entitled to one-third of the estate and the remainder is divided according to the terms of the will. Depending on the size of the estate, the surviving spouse may be entitled to a larger portion of the estate if there are no surviving children. If the decedent had children, then the surviving spouse is only entitled to one-third of the estate, regardless of the size of the estate. If a surviving spouse feels that their rights to an intestate estate are being infringed upon after the death of the decedent, then they may bring a claim under the Massachusetts Probate and Family Court Law to ensure that their rights are respected. This claim may be used to ensure that the deceased’s estate is divided equitably between the surviving spouse and the heirs or beneficiaries.

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Does a surviving spouse have any rights to an intestate estate when there is a will?

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