Free Massachusetts Last Will and Testament



What is a Last Will and Testament?

A Massachusetts Last Will and Testament, when created and executed correctly by a person who is an adult of sound mind, is a formal document that details exactly how your possessions or real estate will be managed and handed out following your death. The one who leaves a will is known as testator. When they pass away, they can also be referred to as the decedent. The testator might also nominate a guardian for their minors in the last will to ensure that there is someone who can protect the children until they become adults or until they reach a certain age.

In a Massachusetts Testament, the testator typically also establishes a personal representative-or co-personal representatives (more than one individuals acting together in this capacity) to take care of the matters of the estate. A personal agent is somebody who collects all the information regarding the decedent’s debt and belongings, pays any overdue debts with the assets on behalf of the estate, and ensures that the decedent’s property is used as written in the Will, making this a job with a lot of responsibility. The personal representative decided on is often somebody the will creator really relies on to execute their final will.

In the event that one passes away with no valid Massachusetts Will (which for most states implies it must be correctly witnessed, not only signed), someone will generally be selected by the court to be the personal agent and pay off the decedent’s debt, utilizing assets as required to do so. Consequently, the leftover assets will be distributed among the decedent’s heirs based on the legislation of the state the will maker resided in.

In certain states, any time one spouse passes away leaving behind their husband or wife, that living spouse will acquire most of the decedent’s property without a Last Will stating the opposite. Sometimes, the testator might have selected a specific person to inherit a life insurance policy, retirement account, or other asset, and this inheritor designation will dictate who is given those assets even without a Last Will.

The important thing to take note of is that anyone who wishes to designate exactly how their possessions will be used after their death should create and correctly execute a Last Will and Testament to ensure their wishes are recognized and executed. Without getting a will, you could be leaving it up to chance, the rules of the state, or a court as to the way your very last affairs will be wrapped up.

Legal Requirements for Last Will in Massachusetts

The last will form a document that almost all owners of property fill in even though it is not required paper in Massachusetts. The reason for the frequent usage of this form is that a last will is a good tool for the protection of the estate or assets from undesired distribution after death. The person who wants to transfer the property to particular people should ascribe them in this form, but it is important to follow all the rules set by the state to make the will valid.

All states provide almost the same requirements to testators, people who manage their property with the last will, and to the process of signing the document. However, there are tiny differences in some laws connected to the last will and probate process in each state that can create obstacles for beneficiaries and executors to use the last will. Beneficiaries are the people who will receive the property after the death of the testator, while the executor is a person who manages the process of transferring the property after the decease of the testator.

In regards to the requirements to the testator of the last will, he or she should be:

  • over 18 years old;

  • absence of any mental health problems that can interfere with the process of decision-making.

There are no strict rules about the choice of beneficiaries for the last will. It means that anyone can become a beneficiary for property transferred with the last will in Massachusetts.

All participants of the signing process should follow the rules set by the state law:

  • will must be written;

  • testator or official representative of the testator should sign the form;

  • the signing process should take place in the presence of two witnesses who are not beneficiaries;

  • at least two witnesses should sign the last will form.

Before signing the last will form, make sure that the property you included in it is suitable for transferring in this way.

The main types of property that cannot be regulated by the last will are:

  • benefits from pension or insurance compensation;

  • joint-owned property;

  • assets from the living trust;

  • tenants owned property.

Finally, the last will in Massachusetts can be changed by the testator at any moment by following the same signing procedure. The testator can correct any statements written in the last will during the life, but these changes should represent his or her own decisions. The crucial thing you need to remember is that creating a last will or doing corrections in it is that it should correspond to all requirements of the state to be valid.

Last Will Forms for Neighboring States