Creating an estate plan now can help ease your family's pain after you pass. Failing to decide how you want your affairs handled upon your death may lead to years of fighting and difficulties for those you left behind.
When people have an inadequate estate plan in Massachusetts, their case may be turned over to a probate court where officials will determine what will become of their remaining assets. Depending on the size of the deceased's estate, probate could be costly and time-consuming. People can avoid having to resort to probate by determining that they have clearly written and legally signed plans for what will happen when they pass away.
If your family is from a state other than Massachusetts, or if you simply like to get away from it all every once in a while, you may have out-of-state real estate in the form of a vacation property, condo, timeshares and so on. These and other types of out-of-state property could trigger a process known as ancillary probate.
When you have a person in your family with special needs, you may be wondering what needs to be done so that you can set up a trust fund on his or her behalf. Your choosing to be proactive in starting a fund in Massachusetts will help provide stability and comfort for your loved one in the event you become unable to care for him or her.
If you want to create a will, it is essential to make sure you follow the rules of your state. Massachusetts law has several requirements that you must follow to ensure your will is valid. In the vast majority of cases, you must write and sign your will and get witnesses to sign it as well. However, there are certain situations in which you may make a nuncupative (oral) will.