Wills
Put Your Wishes in Writing.
A will is one of the fundamental documents of an estate plan. It can help identify the people you want to receive your property, establish who should administer your estate, and address important family decisions such as guardianship of minor children. A thoughtfully prepared will can give your family clearer direction when it matters most.
Will preparation counsel for individuals and families throughout Holliston and the MetroWest area.
Wills
A Will Is a Foundation of Your Estate Plan.
A last will and testament is one of the foundational documents used in estate planning. It allows you to express important wishes about the distribution of your property, the administration of your estate and, when applicable, the care of minor children.
At Deland Law Office, wills are considered as part of the larger picture of your family, assets and overall estate plan. The right documents depend on your circumstances, and a will may work alongside trusts, beneficiary designations and other planning tools.
Purposes of a Will
What Can a Will Accomplish?
Name Your Personal Representative
A will can identify the person you want to serve as your personal representative, also commonly called an executor, to handle the administration of your estate.
Identify Your Beneficiaries
Your will can identify who you want to receive property that is distributed through the will and provide direction for how your wishes should be carried out.
Address Specific Property
A will can provide instructions concerning assets that are intended to pass under its terms, subject to applicable law and the overall structure of your estate plan.
Nominate a Guardian
For parents of minor children, a will can include a nomination for a guardian if both parents are unable to care for the children.
Provide Direction
A clearly prepared will can give your family and personal representative greater clarity about your intentions.
Benefits of Having a Will
Clarity for the People You Leave Behind.
A will gives you an opportunity to put important decisions into writing rather than leaving those decisions entirely to the default rules that may apply when someone dies without a will.
It can provide direction regarding beneficiaries, personal representatives and guardianship nominations, while helping your family understand your intentions.
Clarity
Put important wishes into a formal legal document.
Direction
Give your personal representative guidance about your intentions.
Family Planning
Address guardianship nominations for minor children where appropriate.
Control
Express your wishes concerning property that passes under the will.
Preparedness
Create a plan before your family has to make difficult decisions without knowing your wishes.
What Happens If You Die Without a Will?
When someone dies without a valid will, they are considered to have died intestate. In Massachusetts, the state's intestacy laws determine which relatives may inherit and how the estate is distributed. That process may not reflect what the person would have chosen for their family or property.
Plan Ahead With a Complete Estate Plan
Without a will, you do not get to provide the same level of direction that you can provide through an appropriately prepared estate plan. Explore Estate Planning →
Intestacy outcomes depend on your specific family circumstances under applicable Massachusetts law.
Massachusetts Requirements
What Makes a Will Valid in Massachusetts?
Age
Generally, a person must be at least 18 years old to make a will in Massachusetts.
Capacity
The person making the will must have the required mental capacity to understand the nature of the act, their property and the people who may be affected by the plan.
Witnesses
A Massachusetts will generally requires the appropriate witnessing formalities, including witnesses to the execution.
Proper Execution
Following the applicable execution requirements is important because errors in the process can create unnecessary questions or challenges later.
Attorney Guidance
A will does not have to be signed in a law office, but professional guidance can help ensure that the document and execution process are appropriately handled.
Even a Trust-Based Plan May Include a Will.
Having a living trust does not necessarily mean that a will is unnecessary. For many estate plans, a pour-over will is used alongside a revocable living trust. The pour-over will generally provides that certain assets remaining outside the trust at death are transferred to the trust through the estate administration process, subject to applicable law.
A Coordinated Plan
A complete estate plan should consider how your will, trust, beneficiary designations and asset ownership work together. Explore Estate Planning →
Whether a pour-over will is appropriate for you depends on your circumstances and the structure of your overall plan.
Will + Trust Planning
Your Will Should Work With the Rest of Your Plan.
Wills + Trusts
Consider how your will works alongside your trust documents.
Beneficiary Designations
Certain assets pass through beneficiary designations rather than through the will.
Property Ownership
How property is titled can affect how it passes at death.
Minor Children
Guardianship nominations and planning for children's inheritance may require additional consideration.
Life Changes
Marriage, divorce, children, grandchildren and significant asset changes can create reasons to review the plan.
Review & Update
Your Will Should Keep Up With Your Life.
Family Changes
Marriage, divorce, or the birth or adoption of a child.
Loss of a Key Person
Death of a beneficiary or personal representative named in your will.
Financial Changes
Major changes in assets, retirement, or moving to another state.
Family & Guardianship
Changes in family relationships or in your guardianship wishes.
Your Life Changes. Your Estate Plan Should Be Able to Change With It.
As your family, assets and priorities evolve, your will and estate plan can be reviewed and updated to continue reflecting your circumstances and wishes.
Start a Conversation →Our Approach
A Will Should Reflect More Than a List of Assets.
Listen
Understand your family, priorities, assets and concerns.
Explain
Make the legal and practical implications easier to understand.
Plan
Create documents that work together as part of an appropriately structured estate plan.
Start With a Conversation
Ready when you are.
Continue Planning
Explore more ways we can help.
Put Your Wishes in Writing.
You cannot predict every circumstance the future may bring, but thoughtful planning can help you give your family clearer direction. A properly prepared will can be an important part of that plan.
Deland Law Office
1660 Washington Street, Holliston, MA 01746