If you’re thinking about writing a will in Massachusetts, you might wonder do I need a lawyer to make it valid? The good news: state law allows you to create your own will, but only if you follow specific legal requirements.
At Jordan & White, we help individuals across Massachusetts navigate estate planning with confidence and clarity. In this article, we’ll explain when a will is legally valid, common mistakes to avoid, and when it might be wise to seek legal help to ensure your wishes are properly documented.
Drafting Your Own Will: Is It Possible?
Massachusetts allows individuals to produce a valid will on their own, as long as they meet the legal standards set by state law. You must be at least 18 years of age, be of sound mind, and create a written document clearly stating your final decisions. The will must be signed by you and witnessed by two people, neither of whom should benefit from the will.
Many people turn to online do-it-yourself platforms and preprinted “fill-in-the-blank” legal kits, hoping for a quick, budget-friendly solution. These tools let you assemble documents on your schedule and can help you address basic goals, like naming beneficiaries or designating a personal representative (also referred to as an executor in some places). You might also see sample health care proxy forms or simple trusts tacked onto these kits.
It is wise to recognize that a home-made will must still comply with all essential legal criteria. If you omit even one portion, such as signatures in the presence of witnesses, your will might fail to hold up in probate court. Even so, the accessibility of do-it-yourself methods appeals to many households whose estates are straightforward.
Potential Pitfalls of DIY Wills
Before moving further, it is helpful to note that imposing no legal requirement to hire a will attorney does not mean a do-it-yourself path is free of hazards. Mistakes that appear minor on paper can be costly once the will enters probate. Below are a few issues that can arise.
Lack of Legal Wording and Clarity
A will loaded with confusing or imprecise language can provoke disputes. If your directions are misread or contradictory, the court may invalidate sections of the document. Even minor oversights can cause unintended transfers of property or trigger familial disagreements, leading to drawn-out legal proceedings.
Failure to Address All Assets
Property that remains unmentioned or overlooked in your will may pass in ways you never intended. Some testators forget assets such as digital accounts, intellectual property, or certain retirement funds. Skipping these items may leave close relatives without the resources you assumed they would receive.
Improper Execution
Many do-it-yourself wills falter because they are not signed or witnessed correctly. In Massachusetts, you must sign your will in front of two disinterested witnesses who also must sign. If these steps are mishandled, the entire document might be ruled invalid under Massachusetts General Laws regarding wills and estates.
Being aware of these pitfalls is helpful. Still, it can be tough to anticipate the complexities that might appear over the course of drafting your estate plan, especially when you have certain family concerns or a high-value estate.
When to Seek Legal Counsel for Will Creation
While some people feel comfortable drafting a simple will themselves, other situations call for guidance from a qualified attorney. Let’s consider scenarios where meeting with an estate lawyer is strongly suggested.
Complex Asset Structures
When you own several properties, have business interests, or hold assets across multiple states, professional advice can streamline your will’s design. Handling multi-jurisdictional property and business shares often requires more than a basic template. Massachusetts also has an estate tax threshold, so strategies to reduce tax burdens might be vital for larger estates.
Blended Families and Unique Circumstances
Households that include stepchildren, planned disinheritances, or family members with ongoing care needs benefit from personalized legal input. An attorney can help spell out your bequests to reduce the chance of later quarrels or confusion.
Concern Over Will Contests
A family member may challenge your decisions. An attorney can help by adding clear language and documenting the reasons behind your distributions. This is especially important if you anticipate anyone disputing your mental capacity or fairness in the will.
Massachusetts Estate Tax Considerations
Massachusetts imposes an estate tax on estates that surpass the state exemption threshold. If you anticipate your estate’s value exceeding this limit, an attorney’s help is likely a smart idea. Strategies to reduce or avoid taxes while remaining lawful often involve creating trusts or leveraging lifetime transfers in the right manner.
These scenarios underscore the value of professional estate guidance. Although no law says you must hire a lawyer, you may find it prudent if your situation is anything but simple.
The Role of a Probate Attorney
Even a well-crafted will typically passes through probate. In Massachusetts, this court-supervised proceeding is governed by statutes that often require formal notice, creditor notifications, and filing paperwork with the probate court. Under Massachusetts General Laws Chapter 192, ensuring your will is valid is only the first step; the personal representative you named will also need to follow the correct probate procedure.
A probate lawyer can serve as a valuable ally for your chosen representative. The attorney can file documents on time, oversee creditor payments, handle final tax matters, and distribute assets. If your will was drafted correctly, the probate process might move more smoothly, but legal counsel can still help ensure deadlines are met and details are not overlooked.
Ensure Your Family’s Future: Contact Jordan & White Today
Protecting what matters to you should be straightforward and personalized. Feel free to call us at 978-744-2811 or visit our Contact Us page to get started. At Jordan & White, we work closely with individuals and families who want the most secure plan for their loved ones.
Whether you need a basic will or more advanced estate planning solutions, we stand ready to help. We put your wishes first, guiding you through each stage so that your hard-earned property goes exactly where you want it to go.