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When it comes to estate planning, one size does not fit all. Every state has its own rules about probate, taxes, and family protections, and Massachusetts is no exception. If you live here, understanding how these laws shape your plan is just as important as deciding who inherits your home or how to provide for loved ones. With the right strategy, you can reduce confusion, preserve more of your estate, and ensure your wishes are honored.
Massachusetts Probate Rules
Probate is the court-supervised process of settling an estate after someone passes away. In Massachusetts, if you have a valid last will and testament, probate ensures your wishes are carried out. Without a last will and testament, the Commonwealth’s intestacy laws decide who inherits your property. That may not align with your intentions.
Here’s what happens if you die without a last will and testament in Massachusetts:
- A surviving spouse may inherit all or part of the estate, depending on whether you also have children or surviving parents.
- If there is no spouse, children inherit everything equally.
- If there are no immediate relatives, more distant relatives may become heirs.
This system can create results you might not want. By creating a last will and testament or establishing a trust, you can make sure your assets go to the people and causes that matter most to you.
The Massachusetts Estate Tax
Many states, including Massachusetts, impose a state-level estate tax. As of January 2025, estates worth more than $2 million are subject to this tax. While the federal exemption is significantly higher, Massachusetts families often face estate tax liability that catches them off guard.
Planning ahead can help reduce or avoid this tax burden. Strategies may include:
- Creating trusts to remove assets from your taxable estate; and
- Making lifetime gifts within allowable limits; and
- Reviewing beneficiary designations on your financial accounts, including you retirement accounts and insurance policies
If you don’t plan, a significant portion of your estate could go to taxes rather than to your family.
Spousal and Family Protections
Massachusetts law also contains special protections for spouses and families. For example:
- Elective share: A surviving spouse who is left out of a deceased spouse’s last will and testament can claim a statutory portion of the estate.
- Homestead protections: Massachusetts law allows homeowners to declare a homestead, shielding a primary residence from certain creditors and providing security for the family.
These rules can alter how assets are distributed if your estate plan doesn’t take them into account. Updating your documents after major life events like marriage, divorce, or the birth of a child helps keep your plan aligned with your wishes and the law.
Trusts and Other Planning Tools
Trusts are especially valuable under Massachusetts law. A revocable living trust allows your estate to avoid probate, keeping matters private and often saving time and money. An irrevocable trust may help reduce estate tax exposure or protect assets from long-term care costs.
Other tools, such as powers of attorney and health care proxies, ensure that your financial and medical decisions are handled by people you trust if you become unable to make them yourself. Together, these documents create a comprehensive plan that reflects both your goals and state-specific rules.
Why Planning Matters in Massachusetts
Without an estate plan, your loved ones may face:
- Lengthy probate proceedings;
- Higher estate taxes than necessary;
- Disputes among family members;
- Loss of government benefits to special needs individuals;
- Distribution of assets that do not reflect your intentions
By planning in advance, you can reduce these risks and give your family the confidence that your affairs are in order. Estate planning is about more than money; it’s about providing stability and clarity during a difficult time.
Putting Your Massachusetts Estate Plan Into Action
Massachusetts law directly influences how your estate is handled, from taxes to probate to spousal rights. The best way to protect yourself and your loved ones is to create a plan that reflects both your wishes and the state’s requirements.
At The Law Offices of Patricia Bloom-McDonald, we work with Massachusetts families to design estate plans tailored to their needs. If you’re ready to review your strategy or create one for the first time, contact us today to schedule a consultation.
Frequently Asked Questions
Does Massachusetts have an estate tax?
Yes. Estates valued over $2 million are subject to Massachusetts estate tax, even though they may not owe federal estate tax.
What happens if I die without a last will and testament in Massachusetts?
The state’s intestacy laws decide who inherits your property, usually starting with your spouse and children. If you have special needs a child receiving government benefits, inheriting monies directly may jeopardise the child’s ability to continue receiving these valuable benefits. If you have no immediate family, distant relatives may inherit.
Can a trust help me avoid probate in Massachusetts?
Yes. A revocable living trust is one of the most effective ways to keep your estate out of probate and ensure a smoother transfer of assets.