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The process of creating a Last Will and Testament can feel overwhelming and may trigger feelings of anxiety and concern. Thankfully, working with an experienced Massachusetts estate planning lawyer can help make you feel empowered and protected. Before you sit down with a compassionate estate planning attorney to discuss creating a Last Will and Testament, it’s important to consider what you want this legal document to cover.
What Is a Will?
A Last Will and Testament is one tool that may be part of a comprehensive estate plan. It is a legal document that outlines your final wishes after death, including the distribution of your property and estate to beneficiaries or charities of your choosing. It can also nominate guardians for minor children.
A Last Will and Testament dictates what happens to your assets and property, meaning you control what happens to your estate after you pass away. Without a Last Will and Testament, the courts control what happens to your assets, not you; property must pass to the next of kin via Massachusetts intestate succession law.
What Do You Need to Know Before Drafting a Will in Massachusetts?
The crucial factors you must consider before drafting a Last Will and Testament in Massachusetts are your goals. It can help to write down a list of what is important to you, individuals you can trust, and what you want your Last Will and Testament to accomplish after you pass away. A skilled attorney must understand what matters to you and how to create a complete document addressing all your needs and concerns.
Other things you need to know before drafting a Last Will and Testament:
- What are your assets?
- Who are going to be the beneficiaries of your estate?
- Who can you trust to implement your final wishes according to your Last Will and Testament? (Who will serve as the executor, also known as the personal representative?)
- If you have minor children, who do you want to take care of them if you pass away?
Including your assets in your Last Will and Testament can be more challenging than you think. In addition to finances and real estate, you must consider your digital assets, family heirlooms, and other valuables you may want to leave to specific family members or beneficiaries.
In addition to naming beneficiaries, you may also consider what happens if a beneficiary to your estate passes away before you. Contingency planning is a crucial aspect of drafting a Last Will and Testament that many fail to consider. You also want to tread cautiously when choosing an executor also known as the personal representative. The personal representative is responsible for overseeing the distribution of your assets according to the terms stated in your Last Will and Testament, paying debts, and managing your estate after your passing. You need to think critically about who you can trust and who can fulfill the position’s obligations.
You’ll also need to consider what happens when you reach a significant milestone. A Last Will and Testament should evolve and change when your circumstances change, meaning you’ll need to work with an estate planning attorney you have confidence in, to keep your best interests in mind and help you when your needs change.
How Can an Estate Planning Attorney Help?
There are a lot of factors to consider when drafting a Last Will and Testament. Sometimes, the process can seem overwhelming. That’s where the help of a Massachusetts estate planning attorney can make such a difference. At The Law Offices of Patricia Bloom-McDonald, our compassionate estate planning team wants to help you feel empowered by the estate planning process, not frustrated. We take the time to get to know you and help you develop a Last Will and Testament that complies with Massachusetts legal standards and achieves all of your goals.
Contact our office today to arrange a confidential legal consultation. We understand that no two people are the same and we can help you create a personalized Last Will and Testament and estate plan that protects what you care about most.