Leonardo Angiulo: The Royal Baby + Your Estate Planning

Monday, July 29, 2013

Leonardo Angiulo, GoLocalWorcester Legal Contributor

For those of us who don't stand to inherit a monarchy, it's important to be clear about who gets what after you pass away.

The Royal Baby...more formally known as His Royal Highness Prince George Alexander Louis of Cambridge. The funny thing is that many Americans know the young man is third in line for the crown and might even be able to tell you his father's formal title is the Duke of Cambridge, Earl of Strathearn and Baron Carrickfergus. What some Americans can't tell you, however, is why they haven't planned their own estate. Even if you don't have fancy titles or castles to leave to your heirs, a little planning can go a long way for spouses or loved ones after you pass away.

The purpose of having a will is so that when you die all your stuff goes where and to whom you want it. The reason why a will makes this happen is two-fold. First, because your family is honoring your wishes and second, because Massachusetts General Law requires it. Not only are there statutes that govern how the administration of your estate will occur, but if there is some dispute over the estate, like for example whether you were of sound mind when you made it, there are particular laws governing how disagreements between heirs will be litigated. This is definitely a complicated area of the law and something that good attorneys can help people with.

Not everyone has the opportunity to put an estate plan, or even a simple will, together during their lifetime. Sometimes people don't want to think about their own mortality. Sometimes they don't think they're going to die soon and they put things off. Whatever the reason, the reality is that the end comes for all of us. If you pass without putting a will together, your worldly possessions will be distributed in accordance with a group of laws known as the https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleII" target="_blank">intestacy statutes.

These laws give your loved ones a structure to wind down your affairs after you die. When dealing with the distribution of estates, legal spouses and descendants get a fairly good deal. In fact, in certain circumstances, you spouse could get your entire estate as a matter of law. If you aren't married, things can get a little more complicated. First, if you die and you're not married and have no children, then your parents get everything. If your parents are already gone, then it goes to your parents' children. That could be your half or adopted brothers and sisters. Your parents' descendants could be people you like, or people you don't like and the law does not distinguish based on this characteristic. If you die without a will it doesn't matter whether you like your parents or your siblings. They are going to get your stuff.

Take a page from the Queen of England's playbook and think about your affairs sooner rather than later. You might not have a big old castle, but there is always something that you could leave to the people in your life that might have meaning to them. You know that awesome boombox in your garage? Your sister will love it. Your car? Definitely going to your cousin, that kid has been walking back and forth to work for years. See what I mean? As you can imagine, Prince George has likely got some crown jewels coming his way and I doubt the House of Windsor will leave the passage of said items up to chance. They make a plan and write it down. And so should you.

Leonardo Angiulo is an Attorney with the firm of Glickman, Sugarman, Kneeland & Gribouski in Worcester handling legal matters across the Commonwealth. He can be reached by email at [email protected].