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Making a Last Will and Testament in Massachusetts
A Massachusetts Last Will and Testament (a "Will") is a legal document that sets forth your preferences regarding property distribution after death, such as who will inherit your personal belongings, your money, or your home.
The person making a Will is called the "testator," and the individuals or organizations appointed to manage the testator's estate after death are known as "executors." Suited for Massachusetts residents, this free Last Will and Testament is made for use in Middlesex County, Worcester County, Suffolk County, and in every other part of the state. Any Massachusetts Will from Rocket Lawyer can be modified to address your unique scenario. This document will provide proof of your decisions.
It is very easy to outline your preferences using a free Massachusetts Last Will and Testament template from Rocket Lawyer:
This solution, in most cases, would be notably less time-consuming than finding and hiring a traditional attorney. If needed, you can fill out this Last Will and Testament on behalf of your spouse, an elderly parent, or another relative, and then help them sign once you've drafted it. Please remember that for a Will to be considered valid, the testator must be mentally competent when they sign. If the testator has already been declared incompetent, a court-appointed conservatorship might be required. When managing such a scenario, it would be a good idea for you to work with an attorney.
Anyone who is over 18 should have a Last Will and Testament. Even though it may be difficult to think about, your loved ones will need to know your preferences in relation to guardianship (if applicable), your property, and/or assets when you pass away. Typical situations in which you may consider it helpful to make or update your Will include:
Regardless of whether your Massachusetts Last Will and Testament is being created as a result of a recent change in your life or as part of a forward-looking plan, notarization and/or witnesses can help to protect your document if someone doubts its credibility.
Writing a Will is generally simple, but you may need legal advice. Getting another pair of eyes on your document could take a lot of time if you try to do it by yourself. An alternate approach worth consideration is to get help via the Rocket Lawyer On Call® network of attorneys. Rocket Lawyer Premium members have the ability to request guidance from an On Call attorney with relevant experience or get answers to additional legal questions. As always, you can live confidently knowing that Rocket Lawyer is here by your side.
The fees associated with finding and working with a lawyer to make a Last Will and Testament could add up to between $200 and $1,000, depending on where you are located. Rocket Lawyer isn't your average Last Will and Testament template provider. With us, anyone under a Premium membership has access to up to 40% in savings when hiring an attorney from our network.
With a Rocket Lawyer membership, you will be able to edit it, save it as a Word or PDF file, and/or print it out. In order to make the Massachusetts Last Will into a truly legal document, you must sign it. Make sure to keep your signed original document in a safe place where it can't get wet or otherwise damaged. It is important that at least one person knows where it can be found after your passing.
The guidelines and restrictions governing Wills will vary by state; however, in Massachusetts, your Will must be signed by two witnesses. As a general standard, your witnesses will need to be competent people of sound mind. If one of the two required witnesses is also a beneficiary of the Will, then any gift or inheritance designated for that witness is considered void. That said, getting a third, disinterested witness would resolve this issue. Furthermore, it is strongly recommended that you have your Will notarized in order to reinforce its legitimacy.
See legal references for a Will in Massachusetts: Section 2–502
A Will doesn't need to be filed with the county until the testator passes away. In Massachusetts, the executor must file the Will with the probate court within 30 days after the death of the testator. Filing a Last Will (in addition to any other forms needed by the county) initiates the probate process.