Will Writing Service in Massachusetts
It is important to plan for your family’s future. When you live in Massachusetts, you can get assistance from our professionals at LegalPen to write your own will, which will cater to and provide assurance for your estate.
How much does it cost to write a will in Massachusetts?
The average cost of writing a will in Massachusetts is between $200 and $3,000, depending on many factors. These may include the complexity or simplicity of the estate, which will determine the hours spent on the case and the documentation needed. Another factor that will impact the cost of writing a will is whether you will create the will yourself, which will be cheaper, or you will engage a Lawyer to write the will.
Can I Write a will without a lawyer in Massachusetts
Yes, you can write a will without a lawyer in Massachusetts. The requirements in the state of Massachusetts laws must be met by signing it in front of at least two witnesses, and those witnesses also sign it. You must consult a lawyer if the estate is complex or needs any clarifications and guidance on the legal requirements.
Is it Legal to Write Your Own Will in Massachusetts?
Yes, it is legal to write your own will in Massachusetts. Once you have your list of assets, beneficiaries, and executors, you can create your own will without needing a lawyer. However, you will need to seek some advice if you need more clarity on the legal requirements.
Does a will in Massachusetts need to be notarized?
No, you do not need to notarize your will in Massachusetts to make it legal. You can, however, make your will self-proving, which means your probate will be sped up because the court can accept the will without contacting the witnesses who signed it.
Do I Need a Lawyer to Make a Will in Massachusetts?
No, you do not need a lawyer to make a will in Massachusetts. Through LegalPen, you can consult a lawyer whenever you wish for guidance regarding the situation you are in and in the complex estate. Ensure all the legal requirements of making a will valid in Massachusetts are met.
Do I Need a Lawyer to File a Will in Massachusetts?
No, you do not need a lawyer to file a will in Massachusetts. While you are still living, you can approach the court, fill out some paperwork, and pay a small fee. The Court will keep your will safe until it is notified of your death.
Are Online Wills Legal in Massachusetts?
Massachusetts does not recognize online wills as legal. You will need to follow the below requirements for the online will to be considered valid; –
- It must be in writing
- The testator must sign it
- It must be witnessed by two individuals who saw you sign the will
- You must have the testamentary capacity to make the will
- The will must be printed and signed physically.
How to Include Digital Assets in a Massachusetts Will
You can include digital assets in Massachusetts will by following the steps below. However, you need to know what digital assets consist of, which are online financial accounts, social media profiles, digital collections, cryptocurrencies and virtual wallets, digital business assets, and intellectual property –
- Create an inventory of all your digital assets and passwords so that you do not leave any out of the will
- Specify your wishes by clearly articulating your desires for each digital asset.
- Appoint your digital executor, who is tech-savvy and will be able to manage your assets.
- You should regularly update your will as digital assets and laws change rapidly.
How to Disinherit Someone in a Massachusetts Will
You can disinherit someone in a Massachusetts Will by clearly and unequivocally stating your intention not to leave them any inheritance in your Will.
You can disinherit any other family member save for the spousal share. You should make a specific statement with their name and the reason for disinheriting them.
How to Handle Debts and Liabilities in a Massachusetts Will
Your family will not automatically be responsible for your debts, but your estate may be, and you can, therefore, handle debts and liabilities in a Massachusetts will by listing out the debts and liabilities and how the executor should go about clearing the debts. The settlement of your debts shall be done during the probation process, where your estate’s assets will be utilized to offset the liabilities, and in the event the estate assets fall short, the estate may be declared insolvent, potentially leading to forgiveness of debt.
How to Provide for Minor Children in a Massachusetts Will
You can provide for minor children in a Massachusetts will by appointing a guardian and allocating some funds to assist in their upkeep and well-being. The guardian is important, and you should make an informed choice when you appoint them, as the well-being of your minor children will be on them.
You can equally create a trust and appoint a trustee responsible for managing it on behalf of your minor children until they reach a certain age, at which point they can take over the management of the trust.
How to Store Your Massachusetts Will Safely
A will is one of the most important documents you will create during your life, and it is important to store your will safely. Below are some examples of how to store your Massachusetts safely.
- A safe—You can keep your will at home in a fireproof and waterproof safe to protect it from damage. However, you should ensure your family members or the executor can access it in the event of your death.
- A safety deposit box—You can use the bank’s safety deposit boxes to store your will, and you should consider adding your executor as one of the individuals who can access it easily when needed.
- With a Lawyer—You can approach a lawyer to store your will with clear instructions on who to contact once you are dead. You should also inform your family members or the executor of your will who holds the will.
How to Contest a Will in Massachusetts
You should contest a will in Massachusetts by establishing whether you have the legal standing to lodge the contest. You must be a spouse, beneficiary of the will, legal heroes, or estate creditors.
- The next step is to allege sufficient legal grounds to challenge a will, which are; –
- Undue influence
- Lack of testamentary capacity
- Fraud
Once you present your contest to the court, you will be able to present your case in court and bring evidence and witnesses in support of your case, after which the court will decide.
What Are No-Contest Clauses in Massachusetts Wills?
No-contest clauses in Massachusetts wills are clauses that are inserted in a will that is aimed at disinheriting a contesting beneficiary. This will deter any potential beneficiary who wishes to contest the will’s provisions. You should note that this clause will be a disadvantage as it will bar any beneficiary from raising legitimate concerns.
What is the difference between probate in Massachusetts and Tennessee?
The difference between probate in Massachusetts and Tennessee is that not all assets go through probate in Massachusetts, while all the assets in Tennessee have to go through probate.
How to Handle Foreign Property in a Massachusetts Will
You can handle foreign property included in a Massachusetts will by the executor filing ancillary probate at the location of the foreign property. The location of the foreign property shall then hold proceedings to authorize the home transfer to the named beneficiary.
How to Make a Will for Same-Sex Couples in Massachusetts
You can make a will for same-sex couples in Massachusetts by appointing an executor, naming your beneficiaries, and allocating how they will inherit the property. Estate planning for same-sex couples is crucial in protecting your loved ones and ensuring your assets are distributed in accordance with your wishes.
How to Plan for Pet Care in Your Massachusetts Will
You can plan for pet care in your Massachusetts will by appointing or designating a caretaker and allocating money to care for your pets, such as food, medication, vaccination, grooming, and any other expenses that may come up.
How to Handle Business Succession in a Massachusetts Will
When handling business succession in a Massachusetts will, it is important to choose the right successor, value the business, and implement the succession plan.
You appoint the successor in your will who will handle the family business.
How to Handle Out-of-State Property in a Massachusetts Will
An out-of-state property in Massachusetts will be handled through ancillary probate in the state where the probate is located.
What is the difference between Holographic wills and Statutory wills in Massachusetts?
The difference between holographic wills and statutory wills in Massachusetts are; –
| Holographic Wills | Statutory Wills |
| Not recognized as valid in Massachusetts | It is recognized as being valid in Massachusetts |
| It is not signed by any witnesses | It is signed by witnesses |
Meet the Author
Annie L – Distinguished linguist at LegalPen
Annie is a distinguished linguist at LegalPen, bringing a unique blend of legal expertise and linguistic precision to her work. She earned her Juris Doctor degree from Yale University in New Haven, Connecticut, attending on a prestigious Law Faculty Merit Scholarship. At Yale, Annie showcased her exceptional skills by serving as an editor on the Yale Law Review.
Upon graduating, Annie gained invaluable experience through a two-year appellate clerkship at a renowned law firm in Connecticut. During her time in law school, she honed her research and writing abilities as a research assistant and writer for various legal firms. Annie’s deep understanding of legal language and her attention to detail make her an invaluable asset to LegalPen.