Founder
Understanding what will happen to your assets when you die can be confusing. If you do not have a Last Will and Testament, your assets will be divided per Massachusetts’ intestacy laws. However, if you do have a Last Will and Testament, you can make determinations about who will inherit your property. Likewise, you can also make decisions about who your Last Will and Testament will exclude. This – leaving heirs out of a Last Will and Testament who would otherwise inherit your property – is known as disinheritance.
Who Can Be Disinherited In Massachusetts?
You cannot fully disinherit your spouse in Massachusetts. To be sure, while you certainly can create a Last Will and Testament that leaves your spouse nothing, your spouse has the right to waive the Last Will and Testament, instead electing to inherit their “statutory forced share.” While the statutory forced share is less than what a spouse would be entitled to per intestacy laws, the spouse will still be entitled to a portion of the estate, regardless of your wishes.
Children, on the other hand, can be disinherited in Massachusetts, if a Last Will and Testament is properly formed, although there are some situations in which children would still be entitled to a percentage of the estate. If you do not wish to leave your children anything, expressing this desire to an experienced estate planning attorney, who can create a Last Will and Testament that addresses this, is in your best interest.
The Importance of an Estate Plan
While some individuals may intentionally choose to disinherit their heirs, others may do so accidentally due to flaws in their estate plan. Consider a situation in which one child is left a business, and the other child is left money in bank accounts. Upon the individual’s death, however, the business is dissolved before the child takes possession, and the proceeds from the business are distributed to the other child’s bank account. As such, one child (the one to whom the business was left) is unintentionally disinherited.
Having an estate plan that addresses any potential issues with inheritance and asset distribution is essential. It can also help to ensure that your loved ones receive a percentage of your estate that you choose, and that those who you do not want to inherit your property – like a long-lost sibling with whom you haven’t had contact for decades – do not.
A Westport Estate Planning Attorney is Ready to Help You
At the offices of Patricia Bloom-McDonald, Attorney at Law, I am ready to advise you regarding disinheritance and other common estate planning questions. It is a smart idea to form a Last Will and Testament and an estate plan now in the event that anything unexpected were to happen – remember, you can always amend your Last Will and Testament at a later date if circumstances change. To schedule a no cost initial consultation with me, call 508-636-6097 now.