Comprehensive Services For The Wills Of Massachusetts Clients
A last will and testament is a legal tool that outlines how you want your assets to be distributed to beneficiaries after you pass away. In Massachusetts, a will is an essential part of estate planning, allowing you to have control over what happens to your property and assets.
At Landry & Meilus, LLP, in Barre, we have extensive experience in Massachusetts law and serve the greater Worcester area, North Quabbin region and surrounding communities. We understand the complexities of wills and estate planning and can help you navigate the will preparation, will writing and will execution processes.
If you need support when creating a will, we are ready to help. We will take the time to listen to your needs and expectations to determine how to carry out your wishes. As wills attorneys, we will help you draft your estate plan, which will include crafting your will. We will also inform you of the differences between wills and trusts and advise you on the benefits and drawbacks of each of them.
Is There A Right Time To Create Your Legal Will?
You are never too young to create a will. While the estate planning process is often associated with older adults, anyone with assets or dependents should consider writing a last will.
It is also important to distinguish between a testamentary will, which distributes assets after your death, and a living will or personal directive, which outlines your health care wishes while you are alive and is used to guide the legally binding health care proxy.
In Massachusetts, the following legal requirements for wills must be met:
- The will must be in writing.
- The testator must sign it, and they must be of sound mind and not under undue influence.
- Two legally competent adults must witness it.
Notarization is not a legal requirement for a will’s validity in Massachusetts, but it is highly recommended. A notarized will becomes “self-proving,” which can simplify the probate process by allowing the court to accept the will’s authenticity without needing to contact the witnesses.
In addition, choosing the right executor for your will is crucial. Your executor will be responsible for carrying out the instructions in your will, so it is essential to choose someone you trust. We can guide you on how to choose an executor and ensure that your will is valid and enforceable.
The Importance Of Wills
Dying without a will in Massachusetts means the state will use its intestacy laws to create a plan for distributing your assets. This means that your property may not be distributed as you would have liked, and your loved ones may face unnecessary stress and uncertainty.
Some benefits of having a will include the following:
- It can ensure orderly probate, where your assets are distributed according to your wishes.
- It appoints an executor to carry out your instructions.
- It can also name guardians for your minor children.
Updating your will and contesting a will are critical aspects of the estate planning process. As wills attorneys, we can help you review and update your will as needed and assist with resolving any disputes related to the will.
Frequently Asked Questions About Wills In Massachusetts
A will allows you to direct how your property is passed down under Massachusetts law, but it is natural to feel confused or have concerns. Below, our knowledgeable attorneys address common questions that arise during the planning process.
Does Massachusetts recognize handwritten (holographic) wills?
Yes, but only when they meet statutory guidelines. Massachusetts law does not recognize unwitnessed handwritten wills. A valid will must be in writing, signed by the testator and witnessed by two competent individuals who sign in the testator’s presence.
A handwritten document can qualify only if it meets all legal requirements, including proper witnessing. State courts apply these rules strictly because the will controls the legal transfer of property. Those relying on an unwitnessed handwritten document risk having their estate treated as if no will existed.
What if I own property in another state? Do I need a separate will?
No, you do not need a separate will. A single Massachusetts will can govern your entire estate, including property located in other states. However, each state has its own probate procedures, and real estate is always governed by the law of the state where it sits. This means your estate may require an ancillary probate proceeding in the other state to transfer that property.
Some individuals choose to use a revocable trust to avoid multiple probate processes and streamline administration. Others keep one will, but they make certain it complies with Massachusetts law and is easily recognized by the other jurisdiction. The best approach depends on the type of property, its value and the other state’s probate requirements.
What happens if the original will is lost?
Massachusetts courts presume that a missing original will was revoked unless evidence shows otherwise. To probate a lost will, the proponent must prove the will’s contents and demonstrate that the testator did not intend to revoke it. This often requires testimony from the witnesses or individuals who reviewed the original document.
A copy may be accepted only if the court is satisfied that the original will was not intentionally destroyed. Since this process is difficult and fact‑specific, consider storing the original will in a secure location and informing trusted individuals about where it is kept.
Contact Us To Get Started With Your Will Today
Do not delay creating a will – contact experienced lawyers at Landry & Meilus, LLP, today to schedule a consultation. We can help you understand your options and create a will that meets your needs. Reach out to our firm via phone at 978-355-2289 or fill out our online contact form to book a consultation.