Estate Law Questions? Ask an Estate Lawyer.
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Is there a surviving spouse?
If there is no surviving spouse then there was a law passed in 2012 that made some changes to the MA probate code.
The Massachusetts Uniform Probate Code (MUPC) makes it more difficult to disinherit a child.
Under the new rules, a child is entitled to a share of the estate (up to $10,000) whether or not they are mentioned in the Will. If a testator wants to ensure that a child does not receive an inheritance, he/she must have specific language in the Will expressly stating the testator’s intent not to provide for a particular child and to exclude that child from the intestate provisions outlined above. Otherwise, despite the wishes of the testator, the child could still receive a share.