Massachusetts Affidavit of Heirship - Descent

State:
Multi-State
Control #:
US-OG-179
Format:
Word; 
Rich Text
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Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). This form is a used by the Affiant to state facts indicating the Affiant's knowledge of matters relating to the Deceased's heirship.
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FAQ

Ing to MA Intestate Succession Laws, the spouse receives the first $200k of the estate and then 2/3 of remaining assets. The rest is inherited by the parents. For example, let's assume an estate is worth $800k. A surviving spouse would receive $200k and $400k (2/3 of $600k).

Typically, you have to probate the decedent's estate if you need to: Find out if the decedent's will is valid. Change the title (ownership) of real estate or personal property, such as bank accounts, stocks, or bonds, that is only in the decedent's name without any right of survivorship.

Beneficiaries have the right to be informed about the administration of the estate, including being notified about the start of the probate process. They have the right to receive a copy of the will and are entitled to an accounting of the estate's assets, debts, and distributions.

Degrees of kinship are used to identify heirs at law in the ?next of kin? category ONLY if there are no members in the first four groups of heirs: (1) surviving spouse, (2) children and their descendants, (3) parents, and (4) brothers/sisters and their descendants.

With children: All assets pass to your children equally. Without children: Assets are divided among parents equally. No surviving parents: Assets go to siblings equally. No siblings or children: Assets pass to the next closest group of relatives, usually cousins.

An Affidavit of Heirship is a legal document used to establish the heirs of a deceased person and their respective interests in the deceased person's estate when the deceased person dies without a will (intestate) or when there are uncertainties about the heirs and their inheritance rights.

Intestate Succession: What It Means These laws prioritize your closest family members, beginning with your spouse, followed by your children (if you're not married to their other parent), parents, siblings, and sometimes even cousins.

In its simplest terms ? if the gross estate plus all lifetime gifts does not exceed $1 million, then the estate is not taxable. If the gross estate (with or without lifetime gifts) exceeds $1 million, then the net estate is fully taxable. (See below for further explanation).

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Massachusetts Affidavit of Heirship - Descent