Massachusetts General Laws chapter 191, section 13 says “A person having custody of a will, other than a register of probate, shall, within thirty days after notice of the death of the testator, deliver such will into the probate court having jurisdiction of the probate thereof, or to the executors named in the will, who…
Gabriel Cheong, Esq., Infinity Law Group LLC,
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Quincy,
MA
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Do I have to wait for a will to be probated in order to receive money from a joint bank account?
No, if you are the joint tenant of the account, you are entitled to receive funds from the joint bank account that you had with the decedent immediately without having to wait for the will to be probated. In order to have the decedents name removed from this joint account, you will generally just need…
Can a nurse be my health care agent in my proxy?
Massachusetts General Laws Chapter 201D, Section 3 says: “No person who is an operator, administrator or employee of a facility may be appointed as health care agent by an adult, who, at the time of executing the health care proxy is a patient or resident of such facility or has applied for admission to such…
Can I keep my ex-spouse from inheriting my estate but take care of my kids upon my death?
Yes, you can keep your ex-spouse from inheriting your estate and still take care of your children through the use of a will and trust. If you have no will, your kids will inherit your estate, however, if they are under eighteen years of age, your ex-spouse will likely have control of your money if…
Should I Put Funeral Instructions in my Will?
It is not recommended to put funeral instructions in your will. The will may not be probated or real until some time after the death – possibly after the funeral. Therefore, a will is not a good place to deal with issues pertaining to funeral arrangements. A better way of dealing with your funeral wishes…
What is the mental capacity needed for executing a valid will?
For a person to have capacity, they must, at the time they execute the will, be able to understand the nature of the document that they are signing. They must understand what they own, what it is worth and where it is. They must also be able to understand who their potential heirs are. The person challenging…
Is it a good idea to buy a will online and fill it in yourself?
While there may be some cases where a persons estate is small and uncomplicated and a do-it-yourself will found online may suffice, I would not recommend it. You do not want to save money by purchasing one of these and then end up messing up your estate plan. If you truly believe that you can…
Can A Beneficiary of a Will act as a witness to the Will?
In Massachusetts, if a beneficiary (one that receives a benefit) of a will acts as a witness then the will shall still be valid. However, the witness will not be able to take any property under the will. The reason for this is that a witness may not be completely truthful in their statements regarding…
If a witness dies do I need to create a new will?
Usually the death of a witness will only become an issue if someone decides to contest your will after you die. In that case, judges will want witnesses to testify about what they saw and heard when you created your will. If the witnesses are dead, the court will not have access to that testimony….
