Wills are one of the most basic elements of estate planning. Many individuals, however, believe that wills take too much energy to write and as a result never, actually, getting to executing a will. Wills allow individuals to decide how affairs should be handled regarding loved ones and family, which can prevent or help resolve arguments and provide comfort to others who might already be having a difficult time handling an individual’s death. In the event that an individual seeks to prepare and execute a will, there are several reasons including the complexities of the law that often require the assistance of a knowledgeable estate planning attorney.
Here you will find some of the most essential elements surrounding the writing of a will.
A Handwritten Will Is Likely To Be Considered Valid
Handwritten (also called “holographic”) wills are considered to be valid in Massachusetts as long as the statutory requirements of the valid will are met. Contacting an experienced estate planning attorney can help ensure that a will is written in a way so that its validity is not capable of being challenged.
Individuals Can Use a Will to Ensure That One’s Legacy is Resolved
An individual can exert control of assets, property, a business, or any donative goals even after the individual’s death to ensure that an estate is successfully resolved. Wills ensure that financial issues regarding an individual’s estate are successfully resolved at the time of and after the individual’s death.
Vague Wording in a Will is Likely to Cause Confusion
It is essential to invest in experienced legal counsel to make sure that there are no vague or “non-specific” language in a will. Often, wills that are handwritten or composed without the assistance of legal counsel can be misinterpreted. An attorney can help ensure that language in a will is clear and easily understood by all involved parties including a court of law.
Wills Allow an Individual to Appoint Guardians for the Minor Children
One of the most substantial reasons for the creation of a will (especially for young people) is that an individual is able to designate who will act as a guardian of any minor children after the individual’s death. As a result, wills are a way of making sure that an individual’s family is taken care of even after the individual’s death.
Wills Serve its Purpose After the Death of its Author
Individuals should understand that, because wills only come into effect after the death, an individual will not be alive to explain any uncertainties or ambiguities of a will. As a result, individuals must make sure to write a will that does not contain any mistakes or are not updated.
Without a Will, an Estate will Follow Intestacy Laws
One of the most substantial aspects of dying without a will is that an individual’s estate will proceed to intestacy. Intestacy refers to a distribution of a deceased individual’s assets which is determined by a probate court in accordance with the set of state laws, without any control by a deceased individual or the individual’s loved ones. As a result, if parties want an estate to follow certain plans, it is essential to have a valid will even if that means making certain difficult choices regarding an estate.
If you are interested in writing a will, consulting with Law Office of Elena Tsizer can help ensure that the will is written in the most beneficial way possible. Please call us or fill out the form below.
Resources for Wills
Chapter 191B Uniform Statutory Will Act
Article III: PROBATE OF WILLS AND ADMINISTRATION – The General Court of the Commonwealth of Massachusetts
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