“Interrorem” in Latin means to “put one in fear.” An “Interrorem Clause” can be inserted into a Will and basically states that if any person provided for in the Will files a Will contest, that person will lose any bequest or benefit provided for them in the Will. This is often helpful to stop someone from challenging…
No, in Massachusetts you can not have a joint will with your spouse. You and your spouse each need to make separate wills regardless if you own all of your property jointly. When one dies, the property will pass to the survivor and the survivor will become the sole owner of the property. Because of…
The testator (the person who created the will) may change or revoke the will at any time with or without a reason. A will is an ambulatory instrument, meaning that it is not legally effective until death. As long as the testator has mental capacity, the testator will have authority to change or revoke the will. The only…
To die intestate means dying without a will. The ability to specify the new owners of your property upon death is an important and powerful privilege that is granted to each and every citizen. When you die intestate, your property passes to those individuals whom the state government believes the decedent would have wanted to…
No! In Massachusetts a will must be written. This is a requirement that is specifically listed in the laws governing wills. If you wish to leave videotaped final words to your friends and loved ones, you must also complete a written will, unless you’re okay with the state distributing your belongings according to its preset…
You may be wondering why a handwritten will, also known as a “holographic will,” wouldn’t be valid; but when you really think about it, there are a lot of good reasons why that is so. Many states don’t consider holographic wills valid, but Massachusetts isn’t one of them. That’s right, in Massachusetts, your will may…
That’s right, the estate tax is officially repealed for this year and this year alone. What this means is that if anyone dies in 2010, no matter how much money they leave to their heirs, no one will have to pay taxes on that money (there’s a caveat to this in Massachusetts, but we’ll explore…
Here are the top 10 reasons why a “simple will” is all you need: You are penniless, homeless and have no family or friends to speak of. You are 100% sure that you’ll never become incapacitated. Your spouse, children and family are taken care of even if they don’t have access to any of your…
GUEST BLOGGER: VICTOR MEDINA – Victor is managing partner at Medina, Martinez & Castroll, LLC in Pennington, NJ. His focus is on estate planning and he authors an excellent blog at New Jersey Estate Planning. He has given me permission to repost one of his blog entries and one that is relevant in any state….