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Browse our 1 legal question about Will & Testament in United States and the lawyer answers, or ask your own questions for free.
Hello, Her next of kin will be you and so you shall be the one to receive the benefits and her properties. You can contact us vfor assistance on the documentation and procession
Read full answerWills and testaments are legal documents that explain how a person wants their property, money, and personal belongings handled after death. In Braintree, Massachusetts, wills are governed by Massachusetts probate law and administered through the local Probate and Family Court system serving Norfolk County. A properly drafted and executed will can name an executor to manage the estate, identify beneficiaries, make gifts, and appoint guardians for minor children. Because state law and local court procedures determine how a will is proved and enforced, it helps to understand both the general principles and the local processes in the Braintree area.
A lawyer can help make sure your will is valid, enforceable, and reflects your goals. People commonly seek legal help in these situations -
- Complex family situations, including blended families, second marriages, or estranged relatives.
- Significant assets such as real estate, business interests, retirement accounts, or out-of-state property.
- Desire to minimize taxes, plan for long-term care costs, or use trusts to control how assets are distributed.
- Concerns about capacity, undue influence, or other circumstances that could make a will vulnerable to a challenge.
- Need for coordinated estate planning documents - for example, durable power of attorney, health care proxy, or a trust - to avoid gaps or conflicts.
- Assistance with probate administration after a death, including filing papers with the Probate and Family Court and handling creditor claims, inventory, and distribution of assets.
Massachusetts state law governs wills and probate matters for Braintree residents. Important local and state concepts to know include -
- Execution formalities - Massachusetts generally requires a written will signed by the testator and witnessed by two competent witnesses. Following proper signing rules reduces the risk a court will reject the will.
- Probate process - when someone dies with a will, the named personal representative typically files the will with the local Probate and Family Court to open an estate administration case. The Norfolk Probate and Family Court handles probate filings for Braintree-area decedents.
- Intestate succession - if someone dies without a valid will, Massachusetts intestacy rules determine who inherits, often prioritizing spouses, children, and other close relatives.
- Small estate procedures - Massachusetts provides simplified or expedited procedures for smaller estates or certain kinds of property, which can reduce court involvement. Eligibility rules and thresholds can change, so check current law or ask an attorney.
- Estate tax considerations - Massachusetts has its own estate tax rules that may apply depending on the size of the estate. Federal estate tax rules are separate. Tax thresholds, exemptions, and filing requirements change periodically.
- Will contests and defenses - interested parties can contest a will on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. Properly prepared documents and witness practices reduce contest risk.
To make a valid will in Massachusetts you typically need a written document in which you sign your name and have at least two witnesses sign in your presence. You must be legally competent - generally an adult with the mental capacity to understand the nature and effect of the will. Consulting an attorney helps ensure your will meets statutory requirements and expresses your intentions clearly.
You do not always need a lawyer to create a basic will, but an attorney is recommended if your estate is complex, you have tax concerns, own a business, own property in multiple states, or if family circumstances could lead to disputes. An attorney helps avoid mistakes that can make a will invalid or cause unintended outcomes.
If you die intestate - without a valid will - Massachusetts intestacy laws decide how your assets are distributed. That typically means your spouse and children are first in line, but the exact rules depend on your family situation. Intestacy can also create delays and greater court involvement, and it removes your ability to name a preferred executor or guardian for minor children.
Yes. You can revoke or change a will by executing a new will that states it revokes prior wills, by a written revocation signed with the same formalities as a will, or by physical destruction of the original with the intent to revoke. A codicil is a formal amendment to a will. Because errors in revocation or amendment can have major consequences, use careful drafting or legal help.
A will itself does not avoid probate. Probate is the court process that proves the will and appoints an executor to administer the estate. Some assets pass outside probate - for example, jointly owned property with rights of survivorship, assets with designated beneficiaries like certain retirement accounts or life insurance policies, and assets held in trusts. An attorney can help structure ownership and beneficiary designations to limit probate where appropriate.
There is no fixed timeline - simple estates may be resolved in a few months, while contested or complex estates can take a year or more. The duration depends on court schedules, creditor notice periods, tax filings, asset complexity, and whether there are disputes among heirs or creditors.
Massachusetts law gives certain protections to spouses and, in some cases, minor children - a surviving spouse may have rights that limit full disinheritance. Disinheriting a spouse or child can be legally complicated and may trigger challenges, so seek legal advice if you plan to exclude a close family member.
Using a beneficiary as a witness can create potential problems or objections later. To avoid avoidable legal complications, choose neutral witnesses who are not named to receive gifts under the will. If a beneficiary does sign as a witness it can raise issues of credibility or conflict that may complicate probate.
Handwritten wills, sometimes called holographic wills, must meet the same state formalities for execution to be valid. Because state rules focus on proper signing and witnessing, a completely informal handwritten note without the required formalities is risky. If you have a handwritten document you consider a will, consult a probate attorney promptly to assess its validity.
In addition to a will, common documents include a durable power of attorney for finances, a health care proxy or medical power of attorney, and a living will or advance directive for medical decisions. For some people, a revocable living trust or other trust arrangements can offer additional privacy and probate-avoidance benefits. An attorney can help you build a coordinated plan based on your goals.
For help and information in the Braintree area consider these local and state resources -
- Norfolk County Probate and Family Court - the local court handles probate filings and questions about estate administration in the Braintree area.
- Norfolk County Registry of Deeds - for property records and title information if your estate includes real estate in the county.
- Massachusetts Trial Court - Probate and Family Court Department - for state-level guidance on probate procedures and forms.
- Massachusetts Bar Association and Norfolk County Bar Association - for referrals to qualified probate and estate planning attorneys.
- Local legal aid and low-cost legal clinics - if you have limited income, local legal aid organizations and clinics can offer assistance or referrals.
- Tax and financial advisors - for questions about state and federal estate taxes, retirement plan rollovers, and complex asset valuation.
If you need legal assistance with a will or estate planning in Braintree, these practical steps will help you move forward -
- Gather important information - list assets, accounts, deeds, insurance policies, retirement plans, and outstanding debts. Note beneficiaries named on contracts and account statements.
- Decide key choices - choose an executor or personal representative, identify beneficiaries, and consider guardians for minor children and decision makers for healthcare and finances.
- Meet with a qualified attorney - look for an attorney experienced in Massachusetts probate and estate planning. Ask about experience with Norfolk County probate procedures and typical fees.
- Prepare or update documents - have your attorney draft or review your will and related documents, ensure proper execution with witnesses and any required notarization, and consider a self-proving affidavit to streamline probate.
- Keep documents safe and accessible - store the original will in a safe but accessible place and tell the executor where to find it. Provide copies to trusted advisors if appropriate.
- Review periodically - update your will after major life events such as marriage, divorce, birth of a child, significant changes in assets, or relocation to another state.
Taking these steps will help ensure your wishes are honored and reduce stress for your loved ones when the time comes.
