Trusted Estate Planning Guidance For Families In Massachusetts
Last updated on September 25, 2026
Preparing for the future gives you the opportunity to protect your assets and your loved ones according to your own wishes. A strong estate plan is essential for any Massachusetts family, regardless of whether you’re married, have children or your financial status.
At Commonwealth Legal Group, LLC, our experienced estate planning lawyers know how to navigate the process of developing a comprehensive plan that aligns with your goals. We skillfully guide families and individuals throughout Norfolk County and across the Metrowest region toward securing peace of mind for all of life’s unexpected hurdles.
How Our Estate Planning Lawyers Can Help
Estate planning is the process of creating different legal documents that outline how you want your affairs taken care of after your death. This includes everything from how to distribute your assets to how you want your financial matters handled if you become incapacitated. Our Massachusetts estate planning attorneys can help with the following estate planning issues:
- Wills: A will is one of the most important parts of an estate plan. It will name all your beneficiaries and what each of them will receive from your estate. It also names an estate executor, who is responsible for administering your estate upon your death. Wills also name a guardian for any minor children, dependents or pets.
- Guardianships and conservatorships: If a loved one can no longer take care of themselves, a guardianship or conservatorship assigns another individual to help manage their affairs, including personal and financial matters. We can help determine which of these options is best for your situation and ensure your loved one gets the care they need.
- Probate: After death, your estate will go through the process of probate, which involves validating your will, distributing assets, paying debts and other essential steps. We help clients avoid the impact of probate through estate planning and can also represent families navigate the probate process after the loss of a loved one.
Estate planning can often seem like an overwhelming and daunting process, but it doesn’t have to be. With our guidance, you can successfully manage your affairs and prepare for the future.
Our Answers To Your Most Common Estate Planning Questions
Taking steps to plan your estate is one of the most meaningful things you can do for the people you love. To help you get started, we have answered some of the questions our Massachusetts clients ask us most frequently about the process.
What happens if I die without an estate plan in Massachusetts?
If you pass away without an estate plan, your probate assets will be distributed according to Massachusetts intestate succession laws (M.G.L. c. 190B). Rather than you deciding who receives your property, state law applies a rigid default formula based on legal relationship:
- Surviving spouse and children: If you have children from a prior relationship, state law splits your estate between your spouse and those children rather than leaving everything to your partner.
- Spouse and parents: If you are married with no children, your surviving spouse may have to share your estate with your surviving parents.
- Unmarried partners and stepchildren: Massachusetts law does not recognize unmarried partners or stepchildren under intestate rules, meaning they will receive nothing.
Beyond determining who gets your assets, dying without a plan leaves major decisions up to the court. A court-appointed administrator will handle your estate, and a judge will choose guardians for your minor children. Creating an estate plan allows you to protect loved ones, nominate trusted decision-makers, avoid unnecessary court delays and ensure your actual wishes are honored.
What happens to my minor children if both my spouse and I pass away unexpectedly?
If both you and your spouse pass away without an estate plan, a court will decide who raises your children. A judge will appoint a guardian based on what they believe is in the best interest of your children. However, this decision may not reflect your own wishes.
With a will in place, you can name a guardian yourself. This gives you the ability to choose someone you trust to raise your children the way you would want. If you name a guardian in your will, the court will generally honor that choice unless there is a compelling reason not to. You can also set up a trust to manage any assets you leave behind. With a trust, you can also ensure your children’s inheritance is handled responsibly until they are old enough to manage it themselves.
How often should I review or update my existing estate plan?
As a general rule, you should review your estate plan every three to five years. Life moves quickly, and even a carefully written plan can become outdated before you realize it. Certain life events should also prompt you to take a closer look sooner. These include:
- Marriage or divorce
- The arrival of a new child or grandchild
- Death or incapacity of a spouse, beneficiary or trustee
- Significant changes in your finances
- Relocation to a new state
- Changes in family relationships
In addition, estate planning laws can change at both the federal and state level, which may affect how your plan works. Scheduling a regular review helps you catch outdated provisions early and keeps your plan aligned with your current wishes.
Schedule An Estate Planning Consultation Today
Whether you’re starting from scratch or revising an existing estate plan, our compassionate estate planning attorneys are here to guide you through the steps. We are dedicated to supporting Massachusetts families and helping them find peace of mind for the future.
Call us at 508-475-9684 to schedule a consultation with our estate planning lawyers. Or send us an email online to get started.