Boston Estate PlanningWill | Boston Estate Planning

Does marriage invalidate or revoke a will?

gabrielcheong — Mon, 22 Aug 2011 14:01:58 +0000

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 the state in line with other states who adopted the same set of laws. The 2009 adoption provided that starting in July 1, 2011, a marriage will no longer invalidate a previously made will. However, due to budgetary restrictions, the court and the legislature decided to postpone the implementation of the new law until January 2, 2012

So in short, starting January 2, 2012, a Will made will always be valid.

What is the difference between a Power of Attorney and Executor?

gabrielcheong — Fri, 29 Jul 2011 09:00:12 +0000

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 away.

So basically, power of attorney has authority to act on your behalf while you are alive while an executor has the authority to act on your behalf once you have passed away.

Can I appoint a bank as an executor of my estate?

gabrielcheong — Thu, 02 Jun 2011 09:00:01 +0000

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 they have experience. Some banks have trust departments that can provide services that allow the bank to be appointed as executors or trustees. You will want to talk with your bank to see if they have a trust department. You will also want to discuss with them what they charge for this service.

What happens if I do not want to inherit something?

gabrielcheong — Wed, 01 Jun 2011 09:00:37 +0000

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 court that is overseeing the disposition of the estate within nine months of the decedent’s death and before he or she has received the property. The decedents will shall determine to whom the property will pass but if there is no will, the intestate laws of the state will determine who will receive the property.

In some situations, if you turn down an inheritance, it might still be counted against you as a gift that you received and gave away again. For a more definite analysis of your specific situation, you should speak with an attorney.

Should I update my will if my spouse recently passed away?

gabrielcheong — Thu, 12 May 2011 09:00:05 +0000

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 to change this if your spouse has passed away and give it to your other loved ones. If you do not do this then your assets could end up in the hands of someone else. You could also leave something to charity if you do not have anyone you wish to leave something to. Other reasons you may want to update your will are if you have a new baby, a new home, or additional income.

Can I mention an organ donation in my will?

gabrielcheong — Wed, 23 Mar 2011 14:49:05 +0000

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, or by will. The will makes the anatomical gift effective. However, the gift should also be reproduced on other documents as well in order to make sure it is made aware to the appropriate people in time to make this anatomical gift possible.

Does my adopted child have the same rights as my biological child when it comes to inheritance?

gabrielcheong — Thu, 17 Feb 2011 14:30:23 +0000

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.

What if I have a child after I execute my will and they are omitted from the will?

gabrielcheong — Wed, 16 Feb 2011 19:32:06 +0000

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 child was intentionally omitted from the will then the child will not be able to claim a share from the estate.

For example, the will would need to say similar to this: “I intentionally omit my son, John Smith, because he is otherwise provided for.” In this case, the child would be unable to claim, It would need to be shown that it was an accident or mistake that the child was not included in the will for them to receive a share.

The easiest way to avoid this situation is to have your will and estate plan reviewed every time there’s a major life event (such as marriage, death, birth of a child) or simply every 5 years.

Ethical Wills – What it is and should you have one?

gabrielcheong — Fri, 04 Feb 2011 16:10:46 +0000

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 not replace the need for a Living Will (or Health Care Proxy/Directive) and Last Will and Testament. They are all different things and as such, should be treated differently.

Having an ethical will is not for everyone and is usually written by those with a fore knowledge of their passing – such as a long term illness or commonly with those suffering from Alzheimer’s.

Some examples of ethical wills can be found here: http://www.ethicalwill.com/examples.html

Who can make an oral will?

gabrielcheong — Tue, 25 Jan 2011 20:47:05 +0000

An oral will is allowed in two specific circumstances: if a “soldier is in actual military service” and if a “mariner is at sea.” These two can make an oral statement regarding his or her property to witnesses that are present. These witnesses will then be able to offer their testimony to the Probate Court and the court will allow the oral statement as the will of the testator if the testimony is found sufficient. An oral will by a soldier in actual military service or a mariner at sea is also known as a “nuncupative will.”