A friend or loved one has passed suddenly, and if left without a will, their loved ones are to deal with the complicated matters involving their estate. The Massachusetts Wrongful Death statute interprets each case according to intestate law.

Read the following to understand the priority under Massachusetts intestacy laws:

• If the spouse is living and relatives but no children, the spouse takes the first $200,000 and half of the remainder of the estate. The next of kin takes the remaining balance.
• If spouse and children are living, the spouse takes half of the estate and the children take the balance.
• If the spouse is living but no children or other relatives, the spouse takes all.
• If children are living and no spouse, the children of the same generation take all divided equally.
• In the instance that no spouse or children are living, the parents take all shares of the estate divided equally.
• If there is no living spouse, children, or parents, the brothers and sisters of the victim in the same generation.
• If no one listed above is living, whoever is the next closest in kinship takes the estate.

When there is more than one generation involved:

• The estate is divided into as many shares as there are living members of the nearest generation of children, including deceased children who left children of their own behind. Each receives one share and the share of the deceased is divided among their children in the same order.

For more information on Massachusetts intestate law, visit justice.gov.

If you think you have a wrongful death case, contact the experts at Meyerson and O’Neill law firm today at 877-373-8059.