Essex County Wills Attorney
Dictating Your Final Wishes
If you have assets that you would like to pass down to certain family members and friends, you can accomplish that with a will. A will is a legal document that allows you to include instructions for your distribution of assets and naming guardians of minor children. With a will, you can ensure that your final wishes are respected and that your loved ones don’t have to spend time wondering about what you might have wanted.
Creating a Last Will and Testament is one way to preserve and protect your wishes regarding who will be responsible for administering your estate, how your assets will be distributed, and how your affairs will be managed after your passing. Using our estate planning skills and knowledge, we’ll work with you to develop a legally valid will that meets your exact needs.
The Heritage Law Center has been serving clients in Massachusetts for years. If you’d like to learn more about creating a will that fits into your estate plan, don’t hesitate to reach out. Contact our law firm by calling (617) 765-9307 today.
Why is Having a Will So Essential?
Having a will allows you to write out your final wishes in a legally binding way. A will also provides you with the following:
- A personal representative who will close your estate and carry out your instructions
- A named guardian for minor children and pets
- A trusted individual to manage assets you leave to minor children
- Instructions for how to distribute your assets after you pass away
Without a will or trust, your estate must be managed in accordance with Massachusetts intestate laws, which dictate who has legal priority to serve as your personal representative and how your assets will be distributed. Passing away “intestate” (without a will or trust) leaves your family in a difficult situation, which can quickly create arguments should family members disagree on how to manage your affairs. A legally valid will preserves your wishes and gives your loved ones clear guidance in probating your estate.
What Are the Requirements for a Legally Valid Will?
To be considered legally valid, a will must meet specific criteria. An experienced estate planning lawyer can help prevent complications that may result in the invalidation of your will.
In Massachusetts, your will must meet the following:
- The creator of the will, also called the testator, is at least 18 years old
- The testator is of sound mind
- The will is signed by two witnesses, neither of whom is a beneficiary
- The will is signed by the testator or someone under the testator’s direction
- The will is written, not spoken, unless the testator is on active military duty or a mariner at sea
We also recommend that the will be notarized because that should help avoid any court difficulties.
You can change your will at any point after you create it. However, writing directly on your will invalidates its legality and making changes requires adherence to strict protocol, so you should always consult an estate planning attorney.
Generally, it’s a good idea to review your will regularly as your personal and financial situations may change. Getting married, having a child, the death of a named agent, buying a house, or any other significant change in your life are all excellent reasons to review and update your will. Our team will help you keep your will up to date throughout your lifetime.
What is Probate?
Probate is a process in court that all wills must go through after an individual passes away. The court examines the authenticity of the deceased person’s will and determines its validity.
The probate process can take about a year since creditors have one year after the date of a person’s death to come forward with claims against the estate. Your beneficiaries can’t receive their assets from your estate until your will is out of probate. A will established by a wills attorney can help expedite and simplify the probate process.
If you die without creating a will or leaving instructions for your estate, state law will decide who has priority to manage your estate and the Massachusetts intestate laws will decide how your assets will be distributed. This can prolong the process even more and could lead to your final wishes not being respected.
How Do You Avoid Future Will Contests?
A will contest is when a family member or beneficiary challenges an aspect of the will. Typically, this is done when a person feels they should have received more assets or money after a loved one’s death. Will contests can lead to lengthy and expensive litigation for your family members. Preparing your will correctly can help you avoid this process in the future.
The best ways to avoid will contests include:
Updating Your Will
As the years go by, you’ll likely obtain more assets and you’ll go through major life events, such as marriage, moving to a different state, or having a child or grandchildren. That’s why we recommend that you review your will every few years, so you can get it updated as needed to make sure your wishes are carried out.
Working With a Wills Attorney
Our wills attorney will ensure that your legal document is valid and sound. Vague instructions or unlawful wording could lead to will contests, and our team will make sure your will clearly outlines your wishes.
Talking to Your Family About the Will
Keeping your family updated will help avoid any surprises after you pass. Make sure your family knows who you want to take care of your affairs and what you’re leaving to loved ones so no one feels left out.
Should You Consult a Wills Lawyer?
Your final wishes are one of the most critical aspects of your estate plan. Our wills lawyer will help you create a legal document that meets your needs, including specific instructions for your assets, children, and more.
The Heritage Law Center is proud to have served clients in Massachusetts for many years now. We have the experience and knowledge to ensure your will is clear, legally valid, and accurately reflects your wishes. For more information about our services, contact our law office by calling (617) 765-9307.
