North Shore Elder Law & Estate Planning has launched a free guide addressing what happens to a family's assets and medical decisions when a Massachusetts resident dies or becomes incapacitated without an estate plan in place. The guide walks through estate planning without a will under Massachusetts law, from who inherits property to who makes medical decisions if incapacity strikes first.

Under Massachusetts intestate succession law, property passes to relatives in a fixed order set by statute, regardless of what the deceased actually wanted. Every asset held solely in that person's name must pass through probate, a court-supervised process that adds time, cost, and public exposure to what could otherwise remain a private transfer. Unmarried partners, stepchildren and named charities receive nothing under this framework unless they appear in a legally binding document.

The guide outlines four documents that close those gaps. A will directs where assets go instead of leaving the decision to a fixed statutory formula. A durable power of attorney authorizes a chosen agent to manage finances if incapacity occurs. A health care proxy names someone to make medical decisions. A HIPAA authorization gives that person access to the medical records needed to make informed choices on someone else's behalf.

If incapacity comes before death, a probate court judge decides who manages medical and financial matters unless a durable power of attorney and health care proxy already name someone else. The guide also corrects a common misunderstanding: Massachusetts does not recognize living wills as legally binding documents. A written wish about end of life care carries no authority on its own. Only a properly executed health care proxy can direct a hospital or court on someone's behalf.

Massachusetts also imposes its own estate tax, with a $2 million exemption for deaths occurring on or after January 1, 2023. The guide notes that passing that threshold, or failing to plan around it at all, can reduce what heirs ultimately receive. For families who may need long term care later, MassHealth applies a five year look back period before approving coverage, so a plan built after care becomes urgent can arrive too late to protect a home or savings.

The guide also addresses how a plan can be built around specific goals, ranging from a simple will to a trust based strategy designed to reduce estate tax exposure, protect assets from long term care costs, or provide for heirs with more complex needs.

The difference between planning ahead and leaving those decisions to the state shows up in four areas, according to the guide: who makes decisions, how much tax exposure a family faces, how exposed assets are to long term care costs, and how long the process takes. With a plan, families choose their own beneficiaries and decision-makers, manage tax exposure through titling and trusts, protect assets years in advance from long term care costs, and typically settle an estate privately and faster. Without one, the state assigns decision-makers by a fixed formula, tax exposure applies in full above the exemption threshold, MassHealth's look back period applies without exception, and the estate moves through court supervised probate that is slower and part of the public record.

"Families often delay planning because they assume it only applies to large estates or advanced age," said Michael A. Stankavish, principal and founder of North Shore Elder Law & Estate Planning. "The guide focuses on the parts of Massachusetts law that surprise people most, including who gets to decide medical care and how quickly assets move through probate without a plan in place."

"The earlier a family puts these documents in place, the more control they keep over decisions that would otherwise default to a judge," Stankavish said.

The complete estate planning guide is available on the firm's website and outlines the documents involved in a plan, including a will, a durable power of attorney, a health care proxy and a HIPAA authorization.

North Shore Elder Law & Estate Planning is based in Melrose, Massachusetts, and works with families across Boston’s North Shore on elder law, estate planning, estate administration, guardianships and conservatorships, MassHealth planning, and probate litigation. Founder Attorney Michael A. Stankavish was named to Boston Magazine's 2025 Top Lawyers list.

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For more information about North Shore Elder Law & Estate Planning, contact the company here:

North Shore Elder Law & Estate Planning
Michael Stankavish
781-979-9050
mstankavish@nselep.com
610-A Main St, Melrose, MA 02176