Myth Will Avoids 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?
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?
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)
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, […]
Marriage, Divorce, and Annulment: Implications for Wills under Massachusetts Law
Now that you have said “I do,” what changes should you consider when reviewing your last will and testament? With all of the exciting changes that come with married life, it is easy to forget that marriage can have an impact on your pre-marriage will. In either case, it is important to discuss these issues […]
Understanding the Formalities of 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
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?
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
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 […]
