Myth Will Avoids Probate

Closeup of a hand holding a legal will document in an office, illustrating the process of estate planning and probate.

Does a Will Avoid Probate? Debunking a Common Estate Planning Myth One of the most persistent myths in estate planning is the idea that having a will allows your family to avoid probate. As an estate planning attorney in Massachusetts, I hear this misconception frequently from clients. Unfortunately, it’s not true—and understanding why can help […]

What Happens if You Die Without a Will in Massachusetts?

Multiple hands reaching toward a glowing dollar sign, symbolizing the distribution of assets and inheritance when someone dies without a will.

One of the most common questions people ask when it comes to estate planning is, “What happens if I die without a will?” Many assume that their spouse will automatically inherit everything, or that the state will follow their unwritten wishes. Unfortunately, in Massachusetts, that’s not how it works. Dying without a will, or dying […]

How do I Revoke my Old Will?

A close-up of a "LAST WILL AND TESTAMENT OF" document on a clipboard being held by a person whose hand and a pen are visible in the foreground, pointing to text. In the blurred background, two individuals, likely a couple, are seated, listening intently.

The Massachusetts Uniform Probate Code (“MUPC”) covers revocation (termination) of a will in M.G.L. 190B, § 2-507. A testator—the person who signed the will—can revoke or partially revoke a previous will by either: Executing a subsequent will that revokes a previous will or is inconsistent with the terms of the previous will; or By intentionally […]

Case Summary: Old Colony Tr. Co. v. Silliman, 352 Mass. 6 (1967)

Two women meeting with an attorney reviewing legal documents, representing trust administration discussions similar to the Old Colony Trust Co. v. Silliman case.

Are very broadest forms of discretion reviewable by Massachusetts courts? Facts: The case involves a petition for instructions concerning the powers of a trustee under the will of Amelia Silliman Rockwell. The will established a trust with Old Colony Trust Company as the trustee, providing for the payment of trust income to various individuals and, […]

Understanding the Formalities of Signing a Will

Close-up of a last will and testament document with an antique pen, symbolizing the formalities and importance of properly signing a will.

Can I sign a will and how many witnesses do I need? When it comes to drafting a will in Massachusetts, it is crucial to understand the specific legal requirements outlined in the Commonwealth’s statutes. Massachusetts law permits anyone who is eighteen years or older to create a will. To be legally binding, the will […]

Case Study: Unexpected Death of a Spouse with a Revocable Trust

Grieving woman holding a folded American flag at a cemetery, representing the loss of a spouse and the legal complexities of a revocable trust after death.

  I recently learned that a client passed away unexpectedly. I represented Mr. and Mrs. R when I helped them amend their revocable trust and wills. We reviewed funding of their assets in their trust. I helped by drafting a deed, trustee’s certificate, and homestead naming them as trustees of their new trust as the owner […]

What’s the difference between a Trustee and a Personal Representative?

Two professionals reviewing legal documents together, symbolizing the roles of a trustee and a personal representative in estate management.

Are a Trustee and Personal Representative the Same Thing?     While a trustee is tasked with administering the assets of a trust for the benefit of third parties, a personal representative is tasked with administering assets owned by a person who has died. A trustee is nominated by the trust instrument, beneficiaries, other trustees, […]

Without Testamentary Capacity, your Will or Trust may not be Valid

Two people reviewing and signing a last will and testament document, representing legal assistance in establishing testamentary capacity.

For a legal document to be effective, the document’s signer must possess capacity. When we think about capacity to sign a will, we call it “testamentary capacity.” In Massachusetts, testamentary capacity requires that the person signing a will be aware in general of his or her property, their heirs, and what the act of signing […]

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