The Importance of an Estate Plan in Massachusetts

Estate planning is one of those tasks that often gets pushed to the back burner. Life is busy, and thinking about what happens after we’re gone isn’t exactly a cheerful pastime. But in Massachusetts, having a solid estate plan isn’t just a good idea—it’s a critical step to ensure your wishes are honored, your loved ones are protected, and your assets are distributed the way you want. Whether you’re a young professional just starting out, a parent with a growing family, or someone nearing retirement, an estate plan offers peace of mind and a clear roadmap for the future.

One of the biggest reasons estate planning matters in Massachusetts is the state’s unique probate and tax laws. If you pass away without a will—known as dying "intestate"—Massachusetts law decides who gets your assets, and it might not align with your intentions. For example, if you’re married with no children, your spouse inherits everything. But if you have kids, your spouse gets half, and the rest is split among your children. If you’re single with no kids, your parents or siblings step in. That might sound fine, but what if you wanted to leave something to a close friend, a charity, or a favorite niece? Without a will, that’s not an option. A well-crafted estate plan, starting with a will, lets you call the shots.

Beyond a will, Massachusetts residents need to consider the state’s estate tax. Unlike the federal estate tax, which only kicks in for estates worth over $13 million (as of 2025), Massachusetts has a lower threshold—currently $2 million. If your estate exceeds that, your heirs could face a tax bill ranging from 5.6% to 16%, depending on the value. Trusts, a key estate planning tool, can help minimize or even avoid this tax. For instance, a revocable living trust lets you maintain control of your assets during your lifetime while ensuring they pass smoothly to your beneficiaries without going through probate—a public, often lengthy process in Massachusetts courts.

Probate itself is another reason to plan ahead. In Massachusetts, probate can take anywhere from nine months to over a year, even for straightforward cases. During that time, your family might not have access to your assets, and legal fees can eat into what you leave behind. By setting up a trust or naming beneficiaries on accounts like life insurance or retirement plans, you can bypass probate entirely. This not only saves time and money but also keeps your affairs private—unlike probate, which becomes a matter of public record.

For parents, estate planning takes on extra urgency. In Massachusetts, if you and your spouse pass away without a will or guardianship designation, the state decides who raises your minor children. A judge might pick a family member you wouldn’t have chosen—or worse, your kids could end up in foster care while things get sorted out. A simple provision in your will can name a guardian, ensuring your children are cared for by someone you trust. You can also set up a trust to manage their inheritance, doling out funds for education, healthcare, or other needs until they’re old enough to handle it themselves.

Finally, an estate plan isn’t just about death—it’s about life, too. Documents like a durable power of attorney and a healthcare proxy let you appoint someone to manage your finances and medical decisions if you’re incapacitated. In Massachusetts, without these, your family might need to go to court for a guardianship or conservatorship—a costly and stressful ordeal. Imagine being in a coma with no proxy in place; your loved ones could be powerless to act on your behalf.

Estate planning in Massachusetts isn’t one-size-fits-all. Your plan might include a will, trusts, beneficiary designations, and advance directives, tailored to your situation. The key is to start now, consult attorney John A. Laine and review your plan as life changes. It’s not just about protecting your stuff—it’s about protecting the people you care about most. In a state with its own rules and quirks, a little planning goes a long way toward securing your legacy.

Book a call with attorney John A. Laine today.