Are Beneficiary Designations Protected in Massachusetts?

Massachusetts automatically revokes an ex-spouse as beneficiary at divorceM.G.L. c. 190B, § 2-804Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Massachusetts as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.

Yes. Massachusetts automatically revokes an ex-spouse as beneficiary on divorce for these asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuitiesM.G.L. c. 190B, § 2-804Verified Sep 15, 2026View source. An ERISA-governed employer plan (a 401(k), a pension) follows federal law instead and must be updated by hand whatever the state rule says.

Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009). Massachusetts sets no spousal-consent requirement of its ownM.G.L. c. 191, § 15Verified Sep 15, 2026View source for an individual account.

Massachusetts gives inherited IRAs partial protection from creditorsM.G.L. c. 235, § 34AVerified Sep 15, 2026View source; the reach can depend on whether the IRA came from a spouse and whether the case is in state or federal court. After Clark v. Rameker (2014), federal bankruptcy law does not protect an inherited IRA on its own.

Yes. Massachusetts applies a per stirpes default to beneficiary designationsM.G.L. c. 190B, § 2-706; § 2-709Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, that beneficiary's share passes to their descendants rather than to the other named beneficiaries.

Forms for Planning Your Estate in Massachusetts

Free forms for planning your estate in Massachusetts: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

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Last Will and Testament

In Massachusetts, a will is signed before 2M.G.L. c. 190B § 2-502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyM.G.L. c. 190B § 2-502Verified Oct 18, 2026View source.

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Healthcare Power of Attorney

Massachusetts requires 2M.G.L. c. 201D § 2Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredM.G.L. c. 201D § 2Verified Oct 15, 2026View source.

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Financial Power of Attorney

Massachusetts requires explicit durability language for a power of attorney to survive incapacityM.G.L. c. 190B §§ 5-501 to 5-507; c. 183 §§ 29, 32Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementM.G.L. c. 190B §§ 5-501 to 5-507; c. 183 §§ 29, 32Verified Sep 18, 2026View source.

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Tools for Planning Your Estate in Massachusetts

Free tools for planning your estate in Massachusetts: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Massachusetts runs $3,920Estimate: 10 hours at $392, Clio's Massachusetts Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,880Estimate: 15 hours at $392, Clio's Massachusetts Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,161Estimate: 3 hours at $387, Clio's Massachusetts Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,322Estimate: 6 hours at $387, Clio's Massachusetts Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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How Much Life Insurance Do I Need?

In Massachusetts, four years at a public university cost about $117,036NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 6% above the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; the state levies an estate taxM.G.L. c. 65C § 2A; St. 2023, c. 50; St. 2024, c. 206, § 13; St. 2025, c. 9, § 35Verified Sep 15, 2026View source above $2,000,000M.G.L. c. 65C § 2A; St. 2023, c. 50; St. 2024, c. 206, § 13; St. 2025, c. 9, § 35Verified Sep 15, 2026View source.

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How Much Does Probate Cost?

Probate on a $500,000 estate in Massachusetts costs an estimated $27,714No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Sep 8, 2026View source. Attorney fees run 2.2%No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Sep 8, 2026View source to 3.5%No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.

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Who Inherits Without a Will?

Without a will in Massachusetts, a surviving spouse takes the entire estateM.G.L. c. 190B § 2-102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationM.G.L. c. 190B § 2-106Verified Sep 10, 2026View source.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Massachusetts runs $3,920Estimate: 10 hours at $392, Clio's Massachusetts Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,880Estimate: 15 hours at $392, Clio's Massachusetts Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Massachusetts runs $1,161Estimate: 3 hours at $387, Clio's Massachusetts Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,322Estimate: 6 hours at $387, Clio's Massachusetts Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,714No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In Massachusetts, a parent names a guardian for a minor child in a will or a separate signed writingM.G.L. ch. 190B §§ 5-202, 5-203, 5-204, 5-207Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18M.G.L. ch. 190B § 1-201(30)Verified Sep 15, 2026View source.

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Massachusetts Estate Planning Resources

In-depth guides covering Massachusetts probate laws, trust requirements, and estate planning strategies.