Whenever people hear about making a Massachusetts last will and testament or managing their estate, it seems like something only rich people need to do. However, all of us have some assets that need protection. It can be a family heirloom, your house, or your car that could be on your asset list. Furthermore, your will would determine who would be your minor kid's guardian if you mention it. You definitely don't want to leave all these decisions in a stranger's hand who has no knowledge and understanding about your family relations and dynamics. That's why it's crucial to handle your online last will as a priority and complete it as soon as possible.
You'll find that every state has varying rules for a last will and testament. Read to know more about Massachusetts last will and testament laws.
Requirements for a Massachusetts Last Will and Testament
- Written will: A Massachusetts last will and testament must be on paper to be legal. It cannot be audio, video, or other digital file forms. Massachusetts state doesn't allow self-written or holographic wills.
- Must be of at least 18 age
- Sound mind and memory: The testator for a Massachusetts last will must understand the will procedure, nature of their estate, and beneficiaries. For the will to be valid, they must have a sound mind and memory.
- Signed by the testator: To make it legal, you must sign your Massachusetts last will and testament before your two witnesses.
- Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will before the testator.
Who can be your witnesses for a Massachusetts Last Will and Testament?
Your witnesses for a Massachusetts last will must follow these conditions:
- Massachusetts allows anyone who is competent to become a witness.
- They should be able to testify about what they saw and the will-making process.
- It's better not to select beneficiaries as witnesses as they could lose the estate portion or any gift you leave them.
Massachusetts rules for a personal representative or an executor
Choosing an executor for your Massachusetts last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:
- Must be at least 18 or above
- Capable of performing the job, i.e., of a sound mind.
- Massachusetts doesn't restrict people convicted of a felony from being executors.
- Massachusetts allows you to choose someone out of state as your executor.
Last will and Testament Notarization in Massachusetts
There's no need to notarize your Massachusetts last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:
- Find a notary public to make a self-proving affidavit for the will.
- You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.
Massachusetts Last Will Revocation
You could follow any of the following methods to revoke your Massachusetts last will and testament:
- Destroy your last will by tearing, burning, obliterating, shredding.
- Asking someone to destroy the last will before you and two witnesses
- Making a new legal will, which revokes any part or the entire previous will.
What if you have more than one Massachusetts will?
If it's not clear whether your new Massachusetts will revoke the old one, the state will follow these rules:
- It'll replace the old will if the new one has varying or contradictory terms to your previous Massachusetts will.
- The probate court assumes you wanted to revoke the previous will if the new one disposes of your entire estate.
- If the new will doesn't dispose of the entire estate, it would be treated as a supplement to the old Massachusetts will.
Massachusetts Last Will Amendment Rules
If you wish to make some minor and simple changes to your Massachusetts last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.
However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.
Massachusetts rules for divorce after making your last will
- Massachusetts law revokes any gift you leave to your spouse.
- Revokes any appointment of your spouse as the trustee or executor
- However, the provisions will stand if you state otherwise in your Massachusetts will or remarry your ex.
What happens if you don't have a will in Massachusetts?
Last Will and Testament Massachusetts Free Template
You can quickly create a simple estate plan by downloading a Last Will and Testament Massachusetts free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Massachusetts last will and testament. Once you go through the details and follow the required steps:
- Connect on TrulyWill and create your account.
- Discuss any issues or complications about your finances and personal relationships with our attorneys.
- Sign or notarize the document, depending on your state requirements.
This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution.
Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:
- Online expert support: You can connect with our experts online and clear your doubts.
- Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.
If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Massachusetts last will and testament.