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The will & testament law in Woburn, Massachusetts, USA, is a vital legal area that governs how an individual can distribute their property and assets after their passing. A valid will ensures that the deceased person's wishes are respected. If a person dies intestate - that is, without a valid will - the state law will dictate how their assets are distributed amongst the surviving next of kin and relatives. An executor is appointed under a will to administer the estate of the deceased.
Engaging a lawyer is important when drafting a will or administering an estate for the following reasons: the complex nature of estate planning laws; tax implications; the sizable value of the assets or if there are family disagreements. An experienced lawyer can guide you through the probate process and help you ensure the person's wishes are fully respected and legally enforceable. A lawyer can also provide advice if you wish to contest a will.
In Woburn, like rest of Massachusetts, the law requires a will to be in writing, signed by the testator, and witnessed by at least two competent individuals. The testator must be over 18 and of sound mind. If a valid will doesn’t exist, Massachusetts law dictates how the property will be divided among surviving relatives. There are also specific rules for non-probate properties, spousal rights, and intestate succession that are unique to Massachusetts.
Under Massachusetts law, if you die without a will (intestate), your assets will be distributed among your closest relatives based on state "intestate succession" laws.
Yes, you can draft your own will. However, due to the legal complexities involved, it is highly advisable to involve a lawyer to ensure its validity and to address any potential issues.
In Massachusetts, you cannot completely disinherit your spouse unless there is a valid prenuptial or postnuptial agreement in place.
Probate is a legal process where a will is proven in a court of law. Not all assets are subject to probate; only the ones owned solely by the deceased are. Probate can often be avoided with proper estate planning.
Yes, a will can be contested but it typically requires a valid legal ground such as the decedent lacked the mental capacity or was under undue influence when the will was created.
You can consult the webpage of Massachusetts Courts or American Bar Association for more resources or the website of an established law firm in Woburn, such as Nigro, Pettepit & Lucas, LLP.
If you need legal assistance, identify a competent lawyer in Woburn who specializes in will & testament law. Prepare a list of questions you have and gather all relevant documents for your first consultation. Keep in mind that it's crucial to understand all provisions in your will to avoid any issues in the future.
