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Figure 36.5 Distribution of Intestate Property Under a Typical State Statute*If you are survived by:Your estate is distributed:1. Spouse and child(ren)One half to spouse, one half to children2. Spouse, no children, but next of kin (includingparents, siblings, niece, nephew, aunt, uncle,cousin, etc.)3. Spouse, no child, no next of kin4. No spouse, one or more children5. No spouse, no child, but next of kin6. No spouse, no child, no next of kinWhere the estate is less than $200,000, all to spouse.If the estate is larger than $200,000, the first $200,000plus one half of everything in excess of $200,000 tospouse. The remainder to next of kin in this order:parents(s), siblings, nieces and nephews, grandparents,uncles and aunts, cousins.All to spouseAll to childrenAll to next of kin, in the order described above in 2.All “escheats” to the state, that is, all turned over tothe state because there are no heirs or beneficiaries.*Massachusetts Law of Descent and Distribution Law of Intestate Succession (G.L. c. 190 §1)INTESTATE SUCCESSIONEach state has its own law of intestatesuccession. What does such a law determine?In contrast, the real property passes according to the law where theproperty is located. Figure 36.5 shows Massachusetts’ laws of intestatesuccession. Dying without a professionally drafted and legally validwill can have serious consequences. Not only are the intentions of thedeceased subject to question and legal challenge, but beneficiaries maybe forced to pay significant administrative fees, legal costs, and estatetaxes. As a result, it is usually wise to have a valid will, especially ifyou are married, have children, or there are others who are dependentupon you for support.In general, the surviving spouse is entitled to one-third or one-halfof the estate. The balance of the estate is usually divided equally amongthe deceased’s children. If any children are deceased, then grandchildrenshare equally in their deceased parent’s share of their grandparent’sestate. If all children are deceased, all grandchildren share equally intheir grandparent’s estate. If there are no children or grandchildren, theproperty goes to the decedent’s parents, if living, and if not, to brothersand sisters of the decedent. The children of any deceased brothersor sisters (nieces and nephews) take their parent’s share of the estate.784 Unit 7: Planning for the Future