probate
niece has died, no will, going to probate. only living relatives are 2 aunts with children (cousins) and 8 cousins from 2 deceased uncles. In Massachusetts probate law, do the cousins of deceased uncles inherit equally as living aunts of the deceased? Or do the aunts inherit everything? or how is estate divided between the 2 living aunts and the 8 cousins of deceased uncles
Re: probate
The Statute provides as to real property, where there are no surviving, spouse, parents or children;
5) If he leaves no issue and no father or mother, to his brothers and sisters and to the issue of any deceased brother or sister by right of representation; and, if there is no surviving brother or sister of the intestate, to all the issue of his deceased brothers and sisters. If all such issue are in the same degree of kindred to the intestate, they shall share the estate equally, otherwise, according to the right of representation.
(6) If he leaves no issue, and no father, mother, brother or sister, and no issue of any deceased brother or sister, then to his next of kin in equal degree; but if there are two or more collateral kindred in equal degree claiming through different ancestors, those claiming through the nearest ancestor shall be preferred to those claiming through an ancestor more remote.
(7) If an intestate leaves no kindred and no widow or husband, his estate shall escheat to the commonwealth; provided, however, if such intestate is a veteran who died while a member of the Soldiers' Home in Massachusetts or the Soldiers' Home in Holyoke, his estate shall inure to the benefit of the legacy fund or legacy account of the soldiers' home of which he was a member.
Please feel free to contact me if you have more questions.
Re: probate
The Statute provides as to real property, where there are no surviving, spouse, parents or children;
5) If he leaves no issue and no father or mother, to his brothers and sisters and to the issue of any deceased brother or sister by right of representation; and, if there is no surviving brother or sister of the intestate, to all the issue of his deceased brothers and sisters. If all such issue are in the same degree of kindred to the intestate, they shall share the estate equally, otherwise, according to the right of representation.
(6) If he leaves no issue, and no father, mother, brother or sister, and no issue of any deceased brother or sister, then to his next of kin in equal degree; but if there are two or more collateral kindred in equal degree claiming through different ancestors, those claiming through the nearest ancestor shall be preferred to those claiming through an ancestor more remote.
(7) If an intestate leaves no kindred and no widow or husband, his estate shall escheat to the commonwealth; provided, however, if such intestate is a veteran who died while a member of the Soldiers' Home in Massachusetts or the Soldiers' Home in Holyoke, his estate shall inure to the benefit of the legacy fund or legacy account of the soldiers' home of which he was a member.
Please feel free to contact me if you have more questions.
