What constitutes a will? According to Massachusetts law, which is similar to the law in all states, wills must be in writing and signed by the "testator" and two witnesses.
However, the law also permits other writings to serve if the:
Intent that the document constitute the testator's will can be established by extrinsic evidence.
This means that a separate writing that does not meet all of the traditional requirements of a will may be admitted as a will by the probate court.
Read MoreTopics: will, will in massachusetts
In the United States, we get to decide who gets our assets when we die, our children, our spouse, charities, or our hairdresser. The only exception is that absent a prenuptial agreement, spouses have the right to "elect against the will" to get at least a minimum inheritance. This "spousal share" in Massachusetts is relatively meager, $25,000 plus an income interest in half of the remaining estate if the decedent had no surviving children or grandchildren or an income interest in a third of the remaining estate if the deceased spouse did have surviving children or grandchildren. No one else has any rights to the estate at all.
Read MoreTopics: Estate Planning, will in massachusetts
Up until now, you've had two options for your estate planning: Go to a do-it-yourself site like LegalZoom or work with an attorney who will customize your plan to meet your circumstances. Most people are afraid to fly solo online and many feel that they do not need the one-on-one attention, or cost, of an attorney. That's why we are creating a third option.
Read MoreTopics: Estate Planning, will in massachusetts, trusts
Probate is the process through which after death your possessions are passed on to whichever individuals and charities you name in your will. If you don't have a will, your property passes under what are called the rules of "intestacy" which means that state law determines who gets what -- essentially your closest relatives.
Read MoreTopics: Estate Planning, will in massachusetts, probate, Probate Estate Administration
When Massachusetts adopted its own version of the Uniform Probate Code (MUPC) in 2012, it changed what happens to your estate if you die without a will, technically called dying "intestate." The results depend on whether you're married, have children or have living parents. The rules are very specific. Here are a few examples:
Topics: Massachusetts Uniform Probate Code, Estate Planning, will in massachusetts
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