Woburn Wills Attorney
Making Your Final Wishes Clear
Your will, also known as your Last Will and Testament, has several important purposes and is a basic estate planning document. At the Heritage Law Center in eastern Massachusetts, our team routinely drafts and updates wills for our clients. Because of the complexities of inheritance and the costs and delays associated with probate, we also use other planning tools, like trusts and living wills, to protect your assets and handle special situations.
Dying without a will or any other estate planning can have negative consequences. Family members and distant relatives may receive money or assets you would have preferred to give to other people. The best way to ensure your final wishes are made clear is by working with an experienced estate planning attorney.
If you have been thinking about putting a will in place to ensure your assets are distributed the way you want, now is the time to do it. For more information, contact the Heritage Law Center by calling (617) 765-9307.
What Does Having a Will Accomplish?
Your will is designed to accomplish the following tasks:
- Direct who will receive your property when you pass away
- Name a personal representative (“executor“) to handle your estate administration and make certain your wishes are carried out
- Designate a personal guardian to care for your young children in the event of your premature death if the other parent has died or is incapacitated (such as through serious illness or personal injury)
- Name a trusted individual to manage whatever property you leave to your minor children
A will also gives you and your family peace of mind. If your family doesn’t know what your final wishes are, they could spend precious time in court arguing about what you would have wanted. With a will, your assets will be divided according to your wishes so your family can focus on themselves and being there for each other.
What Requirements Must a Massachusetts Will Satisfy?
In order to be legal, a Massachusetts Last Will and Testament must meet the following requirements:
- The testator (the person creating the will) must be at least 18 years of age
- The testator must be of sound mind
- It must be signed by two witnesses, neither of whom is a beneficiary
- It must be signed by the testator or by someone under the testator’s direction
- It must be written (not spoken) unless the testator is on active military duty or is a mariner at sea
A Massachusetts will can be changed at any time prior to the testator’s death by writing a new will or by amending a current will with a codicil.
What Happens if You Die Without a Will?
If you die without a will (“intestate”), your property will be distributed according to state laws rather than according to your personal wishes. If you’re married, your spouse will inherit everything unless you have children or living parents. The stipulations concerning which relatives will receive what percentage of your inheritance will be followed. The state will seek out distant relatives if no close ones are found. If no relatives, however distant, can be located when you die, the state will take your property. If a relative of yours has died intestate, you’ll need a skilled, knowledgeable will and trust attorney to assist you in ensuring you receive all assets you’re entitled to.
Does a Will Go Through the Probate Process?
All wills go through the probate process before assets can be distributed. Creditors typically have one year after the date of a person’s death to come forward with claims against the decedent’s estate. Because of this, the probate process typically takes around a year. If the estate is large or complex, probate can take much longer. Working with our estate planning attorney will make the probate process much easier for you.
Wills written with vague instructions or incorrect information could lengthen the probate process, keeping your family members from receiving their rightful assets. The best way to create a well-drafted will that holds up in court is by working with our legal team.
Are There Limits on What You Can Put in a Will?
In your will, you can include instructions for the distribution of your assets after you pass away. However, there are several types of property and situations a will can’t cover: property held in a trust, jointly held property, financial accounts that you’ve already named a beneficiary on like retirement plans or bank accounts, and a life insurance policy.
If you’re unsure whether a will is sufficient for your needs, our team can help. Contact us today to learn more about how a trust might better suit your needs.
Ways to Prevent Your Will from Being Contested
Contesting a will means that one of your family members or beneficiaries finds an issue within the will and wants to challenge it. Typically, when wills are contested, there will be a lengthy legal battle in court before the will can be finalized. Unfortunately, a will contest has the potential to cost your family members time and money, preventing them from receiving their assets as quickly as they could.
There are many ways to prevent your will from being contested, including:
Hire an Experienced Will Lawyer
The best way to ensure that your will isn’t contested is to work with an extremely knowledgeable will and trust attorney from our law firm who knows how to protect your interests. Your estate plan needs to be specific and clear. If the right terminology isn’t used, it could leave your intention open to interpretation, leaving your loved ones arguing over what your true goals really are.
A no-contest clause can be written into the will itself. This clause states that a beneficiary who challenges the document shall receive no inheritance. With this clause in place, if the court finds no convincing evidence that there’s a serious problem, the contesting party has everything to lose.
Write Your Will Early and Update it Regularly
The best time to write your will is when you are in good health, and no one can contest your capacity or question whether there was any undue influence involved. “Capacity” means that the person understands the consequences of executing the documents, understands who their family is, and has a basic understanding of their assets. When a person is older and being taken care of by a caregiver, the concept of capacity and undue influence can come into play.
You should review your estate plan every few years since events will happen in your life that can affect your estate plan. Some of these changes include marriages, divorces, births, deaths, health problems with you or a family member, financial changes in the value of your estate, and changes in estate planning laws. You’ll need to review your estate plan and adjust it at times to ensure that it continues to reflect your needs and achieve your goals. An up-to-date plan shows that you thoughtfully reviewed and revised the plan based on changes in your life.
Talk to Your Family Members About Your Will and Estate Plan
If you feel comfortable advising family members of your decisions and why you made them, then everyone will be aware of your wishes, and there won’t be any misunderstandings or legal issues after you pass away. Even if you don’t want to go into details, you can at least communicate to them that you put a lot of thought into the business of your estate plan and your living will so that your wishes will be followed.
Free Estate Planning Reports
You can find more information about estate planning and elder law in our free reports: Estate Planning Essentials Report, Massachusetts Estate Planning: Saving on Taxes Report, and 7 Common Mistakes Parents Make When Selecting Guardians Report.
Consultation with a Will Attorney Serving Woburn
Don’t procrastinate about such a crucial matter. There’s nothing more important than protecting your family and their future, and every team member at our law office knows this. We’re known for helping clients with complicated wills cases, and our law firm can help you, too. Contact the Heritage Law Center for proper guidance to make sure your will is current and complete by calling (617) 765-9307.
