A Last Will and Testament lets you decide who receives property through your estate, name a personal representative to handle your affairs, and nominate a guardian for your minor children. Massachusetts law also sets requirements for how a will must be created and executed for it to be valid. At Surprenant, Beneski & Nunes, P.C., we draft, review, and update wills for individuals and families across Southeastern Massachusetts, Cape Cod, and the Islands. We help you create a will that reflects your wishes and works with the rest of your estate plan.
Why Choose Surprenant, Beneski & Nunes for Your Will?
We have served families in the region for 60 years, with a practice focused on estate planning and elder law. When we prepare your will, we also consider how it fits with your assets, family circumstances, and other planning documents.
- Certified Elder Law Attorneys on our team. Two of our managing partners hold the Certified Elder Law Attorney (CELA) credential from the National Elder Law Foundation.
- Four offices in the region. Meet with us in New Bedford, Easton, Hyannis or Plymouth, with virtual consultations also available.
- Planning beyond the will. We can coordinate your will with trusts, powers of attorney, health care documents and beneficiary designations.
- Estate planning and elder law knowledge. Our work allows us to identify long-term care and MassHealth considerations that may affect your broader plan.
- Ongoing support. Families and finances change. We remain available to review and update your estate plan as your circumstances evolve.
What Does a Will Control in Massachusetts?
Your will primarily controls assets that pass through probate. This generally includes property you own individually that does not have a beneficiary designation or another mechanism directing where it goes at your death.
A will allows you to name the people or organizations that should receive those assets. You can also leave particular property to specific beneficiaries and appoint a personal representative to administer your estate.
If you have minor children, your will can nominate the person you would want to serve as their guardian. The court ultimately determines guardianship, but documenting your choice provides important guidance about whom you trust to care for your children.
Some assets pass outside your will. Life insurance, retirement accounts, payable-on-death accounts and certain jointly owned property may transfer according to beneficiary designations or ownership arrangements. We review these assets with you so that your will and other parts of your estate plan work together.
What Happens If You Die Without a Will in Massachusetts?
If you die without a valid will, Massachusetts intestacy law determines who inherits property in your probate estate. Those rules distribute assets according to legally defined family relationships rather than your personal wishes.
A surviving spouse does not necessarily inherit the entire estate. The distribution can depend on whether you have surviving descendants or parents and whether you or your spouse have children from another relationship.
Intestacy can also leave out people or organizations you wanted to benefit. An unmarried partner, friend, or charity generally does not inherit through intestacy simply because you wanted that person or organization to receive something.
What Makes a Will Valid in Massachusetts?
Massachusetts generally requires you to be at least 18 years old and of sound mind to make a will. An attested will must be in writing, signed by you or by another person at your direction and witnessed by at least two people who sign the document after witnessing or acknowledging your signature.
A will can also be made self-proved through the required acknowledgments and affidavits before an authorized officer. A self-proved will creates a presumption that applicable execution requirements were satisfied, which can make it easier to establish the will’s validity during probate.
Proper execution matters, but so does the language of the document. We make sure your will clearly states your intentions and addresses circumstances that a generic form may overlook.
Does a Will Keep Your Estate Out of Probate?
No. A will provides instructions for probate; it does not prevent the process by itself.
When probate is required, your will identifies who should receive your probate property and whom you have chosen to serve as personal representative. That person is responsible for administering the estate, including addressing debts and distributing property according to the will.
If avoiding or limiting probate is one of your goals, we can determine whether a trust or other estate planning strategies are appropriate for your circumstances.
When Should You Update Your Will?
Your will should continue to reflect your current family, assets, and wishes. Consider having it reviewed after marriage or divorce, the birth or adoption of a child, the death of a beneficiary or personal representative, or a substantial change in your finances.
Moving to Massachusetts or purchasing property here can also be a good reason for a review. Even if an existing will remains valid, changes in your circumstances or Massachusetts law may affect your broader estate plan.
Put Your Wishes in a Legally Sound Estate Plan
A properly prepared will gives you a voice in who receives your probate property, who administers your estate, and whom you want to care for your minor children. It also provides a foundation that can be coordinated with the rest of your estate plan.
If you need your first will or want to update an existing one, Surprenant, Beneski & Nunes, P.C. can help. We work with individuals and families throughout Southeastern Massachusetts to develop estate plans that reflect their wishes and priorities. Contact us today to schedule a consultation with our estate planning team.
Frequently Asked Questions About Massachusetts Wills
Can I leave my spouse out of my Massachusetts will?
You can create a will that does not leave property to your spouse, but that does not necessarily eliminate your spouse’s rights to your estate. Massachusetts law provides surviving spouses with certain statutory rights that may override provisions in a will. An attorney can explain how these rules affect your specific plan.
Can I provide for my pet in my estate plan?
Yes. Massachusetts law permits trusts for the care of animals. A pet trust can provide funds for your pet’s care and establish instructions for how those funds should be used after your death.
What happens to my will if I get divorced in Massachusetts?
Divorce generally revokes will provisions benefiting or appointing a former spouse under Massachusetts law. Because the rest of the will may remain valid, it is a good idea to review your estate plan after a divorce.