Middlesex County Wills Attorney
Protecting Your Legacy and Your Wealth
As you make plans to pass along your money and property to loved ones, you may be thinking of creating a will. A will, also called a Last Will and Testament, is a basic estate planning document that includes instructions for the distribution of your assets after you pass and names a personal representative to manage your affairs. Your will can also name guardians for minor children and pets.
Dying without a will allows the state to make decisions about who gets your assets. Having a will ensures your final wishes are heard and lets your family members know in writing what you want done. Working with our team is the best way to create a will that meets your unique needs and dictates your wishes in a legal and lawful manner.
If you’re interested in creating a will, contact The Heritage Law Center today. Our estate planning legal team has helped many happy clients prepare their wills according to their wishes. For more information and to receive a consultation, call today at (617) 765-9307.
What Are the Benefits of Having a Will?
Creating a will ensures your final wishes are dictated in writing. A will also provides the following benefits:
- Allows you to name a personal representative to close your estate and ensure your final wishes are carried out
- Dictates who will receive your assets and property after you pass
- Allows you to name a trusted individual to manage any assets you leave to minor children
- Allows you to designate a guardian for any minor children or pets
Having a will is also great peace of mind for your family members. Instead of arguing about what you might have wanted after you pass away, your family can focus on supporting each other during the grieving process. Because your final wishes are noted in a legal document, there’s very little guesswork they will have to go through. The better you can prepare your family for your passing, the smoother the process will be in the future.
What Are the Requirements for a Massachusetts Will?
Because a will is a legal estate planning document, there are a few requirements it must meet to be legally valid. Our team will help you create a will with precise language so there is no room for questions after you pass.
In Massachusetts, a will must meet the following:
- The testator, the person creating the will, must be over 18 years old
- The testator must be of sound mind
- Two witnesses must sign the will. Neither of the witnesses can be beneficiaries of the will.
- The will must be signed by the testator or someone under the testator’s direction
- The will must be written, not spoken, unless the testator is a mariner at sea or on active military duty
Once you create your will, it can be changed at any time up until you pass away. If you have an existing will that you’d like to change or modify, our team can assist you.
What is the Probate Process?
The probate process is a court process that all wills must go through. After you pass away, your will enters probate. During this process, the court will determine if the document is valid and lawful. If there are any issues with your will, individuals can address them at this time.
The probate process varies in length depending on the complexity and size of your estate. 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. Having our attorney create a will that is lawful and precise will help your will go through probate faster.
Your family members can’t receive their assets until your will has gone through the probate process. If you die without a will or trust, the state will decide what happens to your assets. This can prolong the process even further since your family members will need to be tracked down and state law (intestate laws) will determine the distribution of your assets.
How Do You Avoid Will Contests?
When a will is contested, it means that a family member or beneficiary finds issues with the will and would like to challenge it. Will contests often cause lengthy legal battles, costing your family members time and money. The best way to avoid will contests is by working with a knowledgeable attorney like ours who can write a clearly worded and valid will. Other ways to avoid will contests include:
Updating Your Will Regularly
Write your will early. The best time to write your will is when you’re in good health and of sound mind. As you obtain new assets during your lifetime, update your will to include those assets and how they should be distributed. Also, as major life events happen like the birth of a child, a marriage, or the death of a loved one, you’ll often find that there’s something in your will you want to update. Generally, we recommend reviewing your will every few years.
Talking to Your Family About Your Will
If your family is surprised by the instructions in your will, they are more likely to contest it. Keep your family updated about your will and your estate plan so that no one feels slighted after you pass away.
What Can a Will Lawyer Do for Me?
Doing a will that is clearly worded and provides a roadmap for what you want, will help your family members in the future. Our wills lawyer will help you create a legal document that dictates your final wishes and instructions for your assets.
The Heritage Law Center has been serving Middlesex County for years. Our estate planning expertise can help you protect your future and your family’s future. For more information, contact us today by calling (617) 765-9307.
