In Massachusetts, when spouses make different estate plans, it can lead to various legal and practical considerations. Here’s what typically happens:
- Legal Entitlements: Massachusetts is not a community property state, so each spouse generally has the right to create their own estate plan, including the distribution of their separate property. This means that spouses can have different beneficiaries and allocate assets differently in their wills or trusts.
- Conflict and Disputes: Divergent estate plans can lead to conflicts between spouses and/or other beneficiaries. If one spouse feels unfairly treated or excluded from the other’s estate plan, it may result in legal disputes or challenges after their death.
- Elective Share: Massachusetts law protects surviving spouses through the elective share. If a surviving spouse is dissatisfied with the provisions made for them in their deceased spouse’s estate plan, they have the option to claim an elective share of the estate, typically one-third of the deceased spouse’s net estate.
- Property Ownership: How property is owned can affect how it passes upon the death of one spouse. For jointly-owned property with rights of survivorship, the surviving spouse typically becomes the sole owner automatically. However, assets held solely by one spouse will be distributed according to their estate plan.
- Communication and Coordination: To avoid misunderstandings and conflicts, it’s essential for spouses to communicate openly about their estate plans and any differences in their wishes. They may choose to work together to ensure their plans are aligned or seek professional guidance to navigate any discrepancies.
- Legal Advice: Given the complexities of estate planning and the potential implications of divergent plans, seeking legal advice from an experienced estate planning attorney is crucial. An attorney can help spouses understand their rights, explore options for coordinating their plans, and minimize the risk of future disputes.
- Review and Updates: Spouses should review and update their estate plans regularly to reflect any changes in their circumstances, wishes, or laws. This ensures that their plans remain current and aligned with their intentions, reducing the likelihood of conflicts or unintended consequences.
In conclusion, when spouses make different estate plans in Massachusetts, it underscores the importance of communication, understanding legal rights, and seeking professional guidance. By addressing any differences proactively and keeping their plans updated, spouses can minimize the potential for conflicts and ensure their wishes are carried out effectively.
