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Commonly Asked Questions about Massachusetts Real Estate Laws

In Massachusetts, you cannot fully disinherit your spouse unless they agree to it, typically through a prenuptial or postnuptial agreement.
Married Person Without Children When a married person has no children but does have living parents, both the spouse and parents are heirs. ing to MA Intestate Succession Laws, the spouse receives the first $200k of the estate and then 3/4 of remaining assets. The rest is inherited by the parents.
The Spousal Share is determined based on various factors, including the presence of children and other relatives: Spousal Share with Children: If you and your spouse have children together, the Spousal Share consists of the first $25,000 in assets and a life interest or life estate in 1/3 of the remaining assets.
Massachusetts is a common law property state, which means that the legal ownership of property is determined ing to how title is held. For example, if a wife purchases a vehicle in her individual name, it is considered to be owned completely and solely by her.
Death with a Will Under the Massachusetts Uniform Probate Code (enacted in 2012) even a Will made prior to a new marriage remains valid where that Will leaves assets to the decedents children.
Yes in a number of ways and without penalty to the seller. For example: Purchase agreements often contain contingencies, such as a deadline for the buyer to gain financing or for a home inspection to be done.
In Massachusetts, all property owned by both spouses may be considered divisible in a divorce. Inheritances may be subject to division, as well as other types of property.
Title by adverse possession can be acquired only by proof of nonpermissive use which is actual, open, notorious, exclusive, and adverse for twenty years.