A Will is a written document expressing your wishes regarding the disposition of both your real property and personal property.
Who needs a Will?
Anyone who owns property, real or personal, and is 18 years or older and who is competent.
Once a Will is created, can it be changed?
Absolutely. A Will can be changed at any time prior to the death of the Testator ( the person creating the will). These changes must be done with the same formality required for the creation of the Will. An addition to the Will is called a Codicil.
How do I make a Will?
Under Massachusetts law, a Will must be in writing, and executed by a competent person who is 18 years or older. The Will must be executed in the presence of the Will's maker or Testator and in the presence of two witnesses.
What is a Living Will and Health Care Proxy; and is there a benefit of having one?
A Living Will is a document where you can specify which life sustaining measures you do and do not want to be taken on your behalf in the event of catastrophic illness. The person or persons that you name in this document are authorized to make medical decisions on your behalf. A Living Will is not recognized as binding in Massachusetts.
A Health Care Proxy, on the other hand, is a document you have prepared in advance of a medical emergency, which names a person or persons who are authorized to make medical decisions on your behalf.
How often should a Will be updated?
As a rule of thumb a Will should be reviewed at least annually to ensure that you have not had any major "life changing" events. An annual review of the Guardians, Executors, and Trustees is also recommended. You should not make hand made changes or alterations to the Will or any other legal document after they are signed.
Where should I keep my Will?
All original documents should be kept in a safe place where you or your potential Executor will have easy access to them when needed. Safety deposit boxes have not been recommended due to the inability of the heirs to access it in a timely manner.
