Big life questions tend to sit on the back burner until a scare or a family story nudges us. If you live in Massachusetts, a clear estate plan keeps your voice in the room, even if you cannot speak for yourself.
At Jordan & White, LLC, we have spent 13 years helping neighbors with estate planning, real estate, and probate work across the North Shore. This guide walks you through the documents that matter most, so you can pick the right tools and move forward with confidence.
Core Estate Planning Documents
A strong plan usually starts with a few building blocks. These documents work together to protect you in life, give direction at death, and cut down stress for your family.
Last Will and Testament
A will states who should receive your assets after death and spells out your wishes in plain terms. You can name a personal representative to handle the estate and choose guardians for minor children. A will still passes through probate in Massachusetts, yet it gives the court solid instructions to follow.
Revocable Living Trust
A revocable living trust lets you manage your assets while you are alive, then pass them to loved ones without probate. It offers more privacy than a will since the trust does not become a public record. At death, assets titled in the trust move directly to your beneficiaries under your rules.
Durable Power of Attorney
This document names an agent to handle financial and legal tasks if you become incapacitated. With a signed power of attorney, your chosen person can pay bills, access accounts, manage investments, and sign papers for you. It often prevents the need for a court-appointed guardian or conservator.
Healthcare Proxy
A healthcare proxy appoints someone you trust to make medical decisions if you cannot. It helps your treatment reflect your wishes during tough moments. Without it, your family might need to seek court authority, which burns time when speed matters.
Advance Healthcare Directive (Living Will)
An advance directive records your preferences for life-sustaining treatment, pain management, and related care. In Massachusetts, this guidance is not legally binding, yet doctors and loved ones often rely on it when choices come fast. It eases guilt and guesswork for the people who care about you.
Beneficiary Designations
Life insurance, retirement accounts, and some bank products pass by beneficiary form, not by your will. The name on the form controls, even if your will says something else. Keeping these forms updated speeds distribution and keeps those assets out of probate.
HIPAA Release
A HIPAA release allows doctors and hospitals to share your protected medical information with the people you list. In an emergency, this helps your family get updates and make informed choices. Pairing a HIPAA release with your proxy closes the loop.
Realty Trusts
Massachusetts realty trusts are often used to hold title to real estate. The trust name appears on the deed, while a private schedule lists the beneficiaries. This setup can add privacy and make transfers simpler without dragging property through probate.
The documents above cover a lot, yet the right mix depends on your goals and family picture. A little planning now saves a lot of hassle later.
At-a-Glance Comparison: Core Documents
| Document | Primary Purpose | Probate Impact | Notes in Massachusetts |
| Will | Directs asset distribution and names guardians and a personal representative | Goes through probate | Must be signed with two witnesses |
| Revocable Living Trust | Manages and transfers assets privately | Avoids probate for funded assets | Requires retitling assets into the trust |
| Durable Power of Attorney | Authorizes financial and legal actions if you are incapacitated | No probate effect | Helps avoid guardianship or conservatorship |
| Healthcare Proxy | Names a medical decision-maker | No probate effect | Activates when a doctor determines you cannot decide |
| Advance Directive | Guides end-of-life treatment preferences | No probate effect | Not binding, still very helpful to doctors and family |
| HIPAA Release | Permits sharing of medical information | No probate effect | Often signed with the proxy |
| Beneficiary Designations | Directs transfer of insurance and retirement accounts | Bypasses probate | Overrides will terms for those assets |
| Realty Trust | Holds title to real property with privacy | Can simplify transfers | Beneficiaries listed on a separate private schedule |
To put these tools to work, you will also want a short plan for funding a trust and organizing your records. A few quick updates can prevent surprises for the person who steps in to help.
Here is a simple checklist many families use when getting started, and it keeps things moving:
- Collect recent statements for bank, investment, and retirement accounts, then note which ones have beneficiaries.
- List real estate with exact title details, mortgages, and the location of deeds.
- Write down contact info for your doctors, CPA, and financial advisor, and where your legal documents are stored.
Share this list with your personal representative and successor trustee, so they are not hunting in the dark.
Tailoring Your Estate Plan
No two families look the same, so no two plans should be identical. Your plan ought to reflect your values, finances, and the people who rely on you.
Think through a few topics as you shape your documents and choices. Small tweaks here often make a huge difference later.
- Family dynamics, including second marriages, co-ownership, or a loved one who needs extra support.
- Long-term care risk and whether an irrevocable trust fits into your timeline and comfort level.
- Tax exposure, including the Massachusetts estate tax threshold and how trusts or lifetime gifts might help.
Planning for Digital Assets
Our lives live online now, and those accounts hold real value and memories. Your plan should cover access and instructions for email, cloud storage, social media, crypto, and any online businesses.
Spell out who can step in, how they will access accounts, and what should happen to each profile or file set. The Ajemian v. Yahoo! decision, summarized on Mass.gov, opened the door for personal representatives to obtain email content under certain conditions.
- Make a secure inventory listing accounts, devices, and two-factor methods, with passwords stored in a password manager.
- Name a digital fiduciary in your documents, then add a HIPAA release for any health portals if needed.
- Use platform tools where offered, such as Facebook legacy contact or Google Inactive Account Manager.
Tell your personal representative where to find the inventory, then keep it updated when you change phones or switch apps.
Let Jordan & White, LLC, Help You Secure Your Future
You deserve an estate plan that works in real life, not just on paper. At Jordan & White, LLC, we bring 13 years of steady service in Massachusetts to every plan, from wills and trusts to deeds and probate. If you have questions or want to talk through next steps, call 978-309-2426 or reach us through our Contact Us page. We are ready to listen, sort out the details, and build a plan that gives you calm and keeps your family protected.