When you’re putting together an estate plan in Massachusetts, whether through a will or a trust, you’ll likely encounter the phrase “remote contingent beneficiary.” It’s not something most people think about every day, but understanding it can make a big difference in ensuring your assets go where you truly want them to. In this post, we’ll break down what a remote contingent beneficiary means, how it fits into your plan, and why it might be worth customizing beyond the defaults under Massachusetts law.

The Basics: What Are Beneficiaries in an Estate Plan?

Before diving into the “remote” part, let’s start with the fundamentals. In a will or trust, beneficiaries are the people or organizations you name to receive your assets after you pass away. There are typically a few layers:

• Primary beneficiaries: These are your first choices, like your spouse or children.
• Contingent beneficiaries: These step in if the primary beneficiaries can’t inherit—for example, if they’ve passed away before you.

A remote contingent beneficiary is essentially the “last resort” in this lineup. They only come into play if all your primary and closer contingent beneficiaries have predeceased you. Think of it as a safety net for the rare scenario where your immediate family line ends unexpectedly.

Without clear instructions, your estate could fall back on the state’s default rules, known as intestate succession laws.

How Massachusetts Law Handles Default Distributions

If your estate plan doesn’t specify remote contingent beneficiaries, or if it uses broad language like “to my heirs at law,” Massachusetts intestate succession laws kick in. These laws, dictate who inherits based on blood relations. They’re designed to mimic what most people might want, but they don’t always fit unique family situations.

For a married couple, a common default for the remote contingent beneficiary in many estate plans is to split assets equally between both sides of the family if no closer heirs survive. This means half could go to your blood relatives and half to your spouse’s, following the state’s order of succession. Here’s how that order typically unfolds under Massachusetts law:

• Surviving parents: If your parents are still alive, they would be next in line after closer family.
• Siblings: If no parents survive, assets pass to your brothers and sisters (or their descendants if they’ve passed).
• Extended family: From there, it branches out to aunts, uncles, cousins, and further relatives, determined by degrees of kinship.

While this setup provides a clear path, it might not align with your wishes. Imagine a scenario where you’ve built strong ties with a lifelong friend, a favorite charity, or even stepchildren not legally adopted—these defaults wouldn’t include them. Plus, distant relatives you barely know could end up inheriting.

When Does the Remote Contingent Beneficiary Actually Matter?

The key thing to remember is that remote contingent beneficiaries are truly remote—they’re not involved unless everyone else in your plan is out of the picture. This could happen due to a tragic accident wiping out your immediate family or simply outliving all your named heirs. It’s uncommon, but planning for it prevents your estate from being distributed solely by state rules, which might not reflect your values.

In practice, this clause activates only after all primaries and contingents have predeceased you. For example, if your will names your spouse as primary, children as contingents, and then defaults to “heirs at law” as remote, Massachusetts law would guide the split only if no spouse or descendants remain.

Customizing Your Remote Contingent Beneficiaries: Options Beyond the Defaults

The beauty of estate planning is flexibility. If the standard family-split doesn’t feel right, you can tailor it. Here are some alternatives you can implement:

• Naming a close friend or non-relative: If family ties are strained or distant, directing assets to a trusted friend can ensure your legacy supports someone meaningful.
• Supporting a charity: Many people choose organizations like local nonprofits, animal shelters, or educational institutions. This not only avoids unintended heirs but can also offer tax benefits for your estate.
• Specific family exclusions or inclusions: You might want to favor one side of the family or include step-relatives. Clear language in your trust can make this happen.
• Exclusions: Perhaps in the above example, the common default language for a married couple, “50/50 to both sides of the family under the Massachusetts Intestacy Laws,” will work for you as long as your estranged sibling is excluded. You could use this language and identify family members that should not be included.

Why Review This Now?

Life changes—marriages, births, losses—can shift your priorities. A well-crafted estate plan with thoughtful remote contingent beneficiaries gives you peace of mind, knowing your assets won’t default to a one-size-fits-all state formula. In Massachusetts, where family structures vary widely, customizing this aspect can prevent surprises and honor your intentions.

At our firm, we focus on creating plans that feel personal and secure. Contact us today  to discuss how we can help protect what matters most to you.