Here’s the situation: you drew up a will and then sometime later, you get married. Does the act of marriage, invalidate or revoke the will made previously? In the past, the answer would be ‘yes’. Many articles and posts online will probably say so. However, in 2009, Massachusetts adopted the Uniform Probate Code which brought…
A Power of Attorney has the authority to handle your property and finances. They are also able to sign for you while you are still living. However, when you pass away, this power also ends. On the other hand, an executor for your Will has the authority to handle your property and finances after you have passed…
Sometimes you might not trust any family members or friends to be the executor of your estate. When this occurs, you have the option of appointing a bank as executor of the estate to make sure that your wishes are fulfilled. Banks are good executors because they are neutral to the will, they understand the law, and…
Although it may sound strange that someone would want to turn down an inheritance, there are situations where it may be wise to not accept the inheritance. It is possible to turn down an inheritance by filing a disclaimer. A disclaimer is the refusal to accept an inheritance. The disclaimer must be in writing and submitted to the…
Yes, it is important to update, or at least have your estate planning attorney review your will once a spouse passes away in order to make sure that your assets do not end up going to an unintended beneficiary. Usually people leave the majority of their assets to their surviving spouse. Therefore, you will want…
Yes, Massachusetts has adopted the Uniform Anatomical Gift Act which says that any person over 18 years old may make a gift of his or her body or any part of their body upon their death to a hospital, physician, surgeon, medical school, etc. This gift can be made by a card, a written form,…
Yes, M.G.L. ch. 210 §7 says that a person that has been adopted under M.G.L ch. 210 has the same rights to inheritance and to intestate as he/she would have if they were born to such parent in lawful wedlock. Therefore, no specific reference that the child is adopted in the will is needed.
This will not revoke the will but it may need to be modified. The general rule is that if you omit one of your children from your will, a child born before or after the execution of a your will may still claim their intestate share from the estate. However, if it appears that the…
An ethical will is not a valid legal document. In short, it is a letter to your loved ones telling them about your life, your struggles, your sorrows, regrets and to offer forgiveness. It is a statement to your loved ones to ease them through the transition of your passing. Writing an ethical will does…