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Person lives and dies in MA but owns property in another state

My uncle was a fairly wealthy guy and I don't know if he had a will. He was a little eccentric. He died last week leaving two pieces of real estate in Massachusetts and in New Hampshire. The MA property was his primary residence and where he lived most of the time. It's a pretty big house with equity. The New Hampshire property is a little cabin with some land attached. Which state's laws will determine who gets the property? He doesn't have any children and no living spouse. Thanks.

Deceased with real estate in multiple states

Sorry about your Uncle.  First, if we assume he did have a will, that makes the answer pretty easy.  The will will determine how the real estate will pass. (assuming the property in question is a probate asset).  Each state recognizes wills that are properly executed according to the laws of another state. So even though the some of the real estate is located in New Hampshire, it will pass through the MA probate process.

If your uncle died intestate (without a will), the analysis is different.  Personal property (money, jewelry, furniture, etc.) passes according to the intestacy laws of the state where the decedent resided, even if the property is located in another state. So, for example, if your uncle had a bank account in New Hampshire, the money would pass according to MA law. However, real estate will pass according to the intestacy laws of the state where the property is located.  Accordingly, if your uncle died intestate, the lake property will pass according to the intestacy laws of New Hampshire.  Hope that helps.

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