07/06/2026
Many people assume that if they pass away without a will, their assets will automatically go to their spouse or children.
Unfortunately, it's not always that simple.
In Massachusetts, when a person dies without a valid will, they are considered to have died "intestate." In that situation, state law—not the family—determines who inherits their assets and how the estate is distributed.
Many people are surprised to learn that:
✅ Stepchildren typically do not automatically inherit.
✅ Unmarried partners generally have no inheritance rights under intestacy laws.
✅ The probate process can become more complicated, time-consuming and much more costly without clear estate planning documents in place.
The reality is that a will and an estate plan gives YOU the control over what happens with your assets when you pass. Without one, Massachusetts decides who receives your property, who manages your estate, and how your assets are distributed. That may not reflect your wishes or your family's unique circumstances.
Whether you're a homeowner, parent, newly married, or approaching retirement, having a valid estate plan can provide peace of mind and help protect the people you care about most.
The best time to create a will is BEFORE your family needs it.
At Downey Law Group LLC we have an experienced Estate Planning department here to help you navigate your final wishes and ensure your family and legacy is handled per your wishes. Call us today to schedule an appointment: 978-887-1000.