Who is considered to be a person’s “estate”?

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Who is considered to be a person’s “estate”?

My husband died without a Will 4 months ago. I received a letter from Commomnwealth of Massachusetts MassHealth. They say : “Dear Estate of… you received an overpayment of $1,721.91 from MassHealth Premium Assistance Program ….MassHealth may forward your account to a collection agency or sue you in order to collect the overpayment. ” We do not have children, but my husband has three children (22, 19, and 15) from his first marriage. May I ask you please, who in this case is the estate of my husband? If both his children and I, then how is the requested amount has to be distributed among us to pay to MassHealth?

Asked on August 5, 2011 Massachusetts

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Sorry to hear about your husband.

Estate is not referring to a person or persons.  Estate means real property (real estate) and personal property that your husband left; for example, money, vehicles, etc.

Since your husband did not leave a Will, the rules of intestate succession will determine inheritance.  Intestate succession means dying without a Will.  As the surviving spouse, you would inherit your husband's entire estate.

If there is little or nothing in the estate, then a lawsuit filed against the estate won't recover anything.


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