Father's Day and Family Estate Planning in Massachusetts

What Happened

A Massachusetts estate planning law firm published a Father's Day-themed discussion on guardianship and family planning in June 2026. The piece, produced by attorney Sean Downing of Samuel, Sayward & Baler LLC in Dedham, Massachusetts, focused on the meaningful roles that fathers, stepfathers, grandfathers, uncles, and other father figures play in children's lives.

The discussion centers on a core message: family structures vary widely, and thoughtful legal planning reflects that reality. The piece highlights guardianship as a central estate planning concern for parents and extended family members. It frames the holiday not as a celebration of a single family model, but as a reminder that the people who show up for children deserve formal recognition in legal documents.

The timing is deliberate. Father's Day prompts many families to think about the adults who protect and care for children. For parents who have not yet named guardians in their estate plans, the moment carries real urgency. An estate plan that names a guardian answers one of the most pressing questions any parent faces: who raises my children if I cannot?

What It Means

For Massachusetts families, guardianship planning sits at the intersection of family law and estate planning. A will remains the primary legal document for nominating a guardian for minor children in Massachusetts. Without a will that names a guardian, a court decides who raises a child after a parent's death. That court process moves through the Massachusetts probate system, which carries a filing fee of $390M.G.L. c. 262, § 40; M.G.L. c. 262, § 4CVerified Jul 14, 2026View source and typically takes 9 monthsM.G.L. c. 190B §§ 1-307Verified Jul 14, 2026View source to 14 monthsM.G.L. c. 190B §§ 1-307Verified Jul 14, 2026View source to resolve.

Massachusetts requires 2M.G.L. c. 190B § 2-502Verified Jul 15, 2026View source witnesses for a valid will. Notarization is not required for will execution. Massachusetts does not recognize handwritten wills, meaning an informal handwritten document naming a guardian carries no legal weight. This matters enormously for non-traditional families. A stepfather who has raised a child for a decade holds no automatic legal standing to continue that role after the biological parent's death unless a court-recognized document names him. The same applies to grandparents, uncles, and close family friends who function as parental figures. Without explicit nomination in a properly executed will, their role is invisible to the probate court.

Massachusetts intestate succession rules further illustrate the gap between family reality and legal default. When a parent dies without a will, the state's intestacy framework distributes assets according to a fixed formula. A surviving spouse with children from a prior relationship receives the first $100,000 plus half of the remaining estate under Massachusetts law. Children from that prior relationship share the other half. A beloved stepparent who provided daily care has no automatic inheritance rights unless formally named. Beyond assets, the intestacy rules say nothing about who raises the children. That question falls entirely to probate court. For blended families, unmarried parents, and households where a non-biological adult serves as the primary father figure, this default outcome rarely matches the family's actual wishes. Families who want to avoid probate and keep these decisions out of court have strong reasons to act before a crisis forces the issue.

Massachusetts also imposes a state estate tax with an exemption of $2,000,000M.G.L. c. 65C § 2A; St. 2023, c. 50; St. 2024, c. 206, § 13; St. 2025, c. 9, § 35Verified Jul 13, 2026View source and a top rate of 16%M.G.L. c. 65C § 2A; St. 2023, c. 50; St. 2024, c. 206, § 13; St. 2025, c. 9, § 35Verified Jul 13, 2026View source. This threshold is notably lower than the federal exemption of $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jul 13, 2026View source, meaning many Massachusetts families with modest estates face state-level exposure that families in most other states do not. A home, retirement accounts, and life insurance proceeds can push an estate above the state threshold faster than many parents expect. Fathers who have built equity in a home, accumulated retirement savings, or hold life insurance policies benefit from understanding how Massachusetts taxes interact with their estate plan. Exploring the difference between estate tax and inheritance tax helps families understand what their beneficiaries may owe after a transfer of wealth.

Context from SimplyTrust

The Father's Day discussion from Samuel, Sayward & Baler reflects a broader truth about estate planning: the people who matter most in a child's life are not always the people the law recognizes by default. A revocable living trust addresses many of these gaps. It allows parents to name successor trustees who manage assets for minor children, set age-triggered distributions so children receive funds when they are ready rather than all at once, and keep the plan private rather than moving through public probate proceedings. Understanding how wills work alongside a trust gives families a complete picture of how guardianship nominations and asset distribution fit together.

Families navigating non-traditional structures, blended households, or situations where a stepparent or grandparent plays a central role face planning decisions that require careful thought. SimplyTrust is not a law firm and does not provide legal advice. For complex situations involving guardianship disputes, stepparent rights, or blended family dynamics, a licensed estate planning attorney provides guidance tailored to the specific family. For families ready to organize their wishes, document their assets, and name the people they trust, understanding guardianship in estate management is a practical starting point. The act of planning is itself an expression of care for the people who depend on you most.

Source: What Father's Day Reminds Us About Planning for Your Family