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…
An executor cannot be a minor, convicted felon, or non-United States citizen. Furthermore, while Massachusetts allows you to name someone who lives in another state to be your executor, you will need to appoint an agent who can act on their behalf. There is an “Appointment of Agent” form that may be filled out at…
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…
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…
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…
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….
Yes, the general rule is that if a will is valid according to the laws of the state where it was executed, then other states will also recognize that will as valid, including Massachusetts. However, one should have a Massachusetts attorney look over the will to make sure that it was valid in the state…
Different attorneys use different language to make it extremely clear that the testator wishes to exclude one or more specific people from his or her will. For example, it will be something similar to “ My failure to provide in this Will for XXXX is intentional and not the result of any accident or mistake.” However,…
Sometimes a parent has recently passed away and their child can’t find the Will which they believe was drafted many years ago. Here are some suggestions about how and where to start looking for a lost Will: First, you should go through any papers and if you do not find the Will, be on the…