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Avon MA Area Atty.-- What do I get if my spouse dies without a Will?
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an estate planning lawyer and elder law attorney in Easton, MA. 
Website:  vonweisslaw.com 
What do I get if my spouse dies without a Will?
 
A preliminary issue is whether there is a valid and enforceable prenuptial agreement or separation agreement impacting the inheritance rights of the surviving spouse.    
The balance of this blog assumes there is no such valid and enforceable prenuptial or separation agreement. 
The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.
 
In the absence of a Will, § 2-102 of the MUPC provides that the surviving spouse is entitled to the entire estate in two circumstances.  The first circumstance is where there are no stepchildren or descendants of stepchildren, i.e., all the descendants of the decedent are also descendants of the surviving spouse and all the descendants of the surviving spouse are also descendants of the decedent.  The second circumstance is where the decedent had no descendant or parent that survived him or her.
 
Under § 2-102 of the MUPC, if (1) there is no Will, (2) there are either stepchildren or descendants of stepchildren and (3) the decedent had one ... more

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