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Browse our 3 legal questions about Will & Testament in United States and the lawyer answers, or ask your own questions for free.
A Will & Testament is a legal document that allows you to specify how your assets should be distributed after your death. In Massachusetts, having a valid Will ensures your wishes are honored and streamlines the process for your loved ones. A Will names beneficiaries for your property, appoints guardians for minor children, and designates an executor to oversee the administration of your estate. Without a valid Will, Massachusetts law will determine how your estate is divided, which may not align with your intentions.
While it is possible to create a simple Will on your own, there are many situations where professional legal help is highly recommended. Common reasons include:
A lawyer can ensure your Will complies with all Massachusetts legal requirements and adequately expresses your wishes, reducing the risk of legal challenges and administrative hurdles.
Massachusetts has specific laws governing the creation, execution, and administration of Wills. Important points include:
If you die “intestate,” the Massachusetts intestacy laws will determine how your property is divided among your closest relatives, such as your spouse, children, parents, or siblings. The outcomes may not match your personal wishes.
Any competent adult can serve as a witness, but it is best that witnesses are not beneficiaries or heirs mentioned in your Will to avoid potential legal complications.
Yes. You can update your Will at any time through a codicil (an amendment) or by creating a new Will that explicitly revokes the old one.
It is not legally required, but having an attorney helps ensure your Will meets all state requirements and captures your wishes accurately, especially in complex situations.
Probate is the legal process by which a deceased person’s assets are inventoried, debts are paid, and remaining property is distributed to heirs. In Massachusetts, most estates must go through probate, but some assets may pass outside probate based on ownership or beneficiary designations.
Yes, except for your spouse who has certain legal rights under Massachusetts law. For all others, it is possible to disinherit, but you should make your intention clear in your Will.
Handwritten Wills, also known as holographic Wills, are not automatically valid in Massachusetts unless they satisfy the state's formal requirements for written and witnessed Wills.
A self-proving affidavit is a notarized statement attached to a Will, signed by the testator and witnesses, affirming that the signing formalities were followed. It allows the Will to be admitted to probate without requiring witness testimony.
Not necessarily. Some assets, like jointly owned real estate, life insurance proceeds, or retirement accounts with designated beneficiaries, are not controlled by the terms of your Will.
You can revoke your Will by physically destroying it, writing a new Will that states it replaces all prior Wills, or by writing an official statement of revocation that meets legal requirements.
Those seeking more information or assistance with Wills and Testaments in Massachusetts can consult the following:
If you are considering drafting or updating your Will, or have questions about administering an estate, take these steps:
Creating or updating a Will is a critical step in ensuring your wishes are followed and your loved ones are protected. Seeking appropriate legal advice gives you peace of mind and confidence that your estate will be handled according to your intentions.
