Wills & Estate Planning Attorneys in Fall River, Massachusetts

A will is a legal document that specifies how you would like your assets to be distributed after passing on. It can also establish guardianship for minor children and arrange for the care of pets. Having a clear, legally binding will prevents disputes among family members and ensures that your assets go to the people and causes you care about most. 

Creating a will is one of the most important steps to protect your loved ones and assets. A will is more than just a legal document; it's a way to clarify your wishes and give peace of mind to you and your family. 

There are other types of estate planning documents that you might require including trusts, deeds, health care proxies, or living wills.

These documents are important to protect your wishes, your assets, and your loved ones. At Coastal Legal Affiliates, P.C., our experienced attorneys can create a personalized estate planning package that meets your needs and provides peace of mind.

Creating a Will in Massachusetts

These Massachusetts laws govern the creation and execution of wills: 

• Age and mental capacity: You must be at least 18 years old and of sound mind to create a will. 

• Witnesses: The will must be signed in the presence of at least two witnesses who are not beneficiaries. 

• Holographic wills: Massachusetts does not recognize holographic (handwritten) wills unless they comply with all statutory requirements. 

• Revocation: A will can be revoked or amended at any time if you are of sound mind. This can be done through a new will or a codicil (an amendment to the existing will). 

• No-contest clauses: Massachusetts allows for no-contest clauses, or in terrorem clause, which discourage beneficiaries from contesting the will by stipulating that any beneficiary who challenges the will may lose their allotted inheritance. This discourages disputes between beneficiaries.

• Self-proving wills: Massachusetts allows for the will to be validated without the need for witnesses to testify to its execution in court. This is done by including a notarized affidavit from the witnesses. 

• Elective share: Massachusetts law gives the surviving spouse the right to claim an elective share of the estate, which is typically one-third of the total value of the estate, regardless of what is stated in the will.  

Your attorney will be sure to create estate planning documents that reflect your wishes and comply with Massachusetts law.

How Our Firm Can Help

Here's a step-by-step look at how we can help you:

1. Initial Consultation 

We start with an initial consultation to understand your needs, goals, and concerns. This allows us to gather essential information and set the foundation for drafting your will and estate planning documents.

2. Gathering Information 

Next, we work closely with you to gather all necessary information about your assets, beneficiaries, and any wishes you have for the distribution of your estate.  

3. Drafting the Will 

Using this information, our attorneys will help you draft a comprehensive will that reflects your wishes. We can also help with the creation of other estate planning documents including trusts, healthcare proxies, deeds, living wills, and other documents you might need. We will review documents with you in detail, ensuring perfection and the preservation of your wishes.

4. Review and Finalization 

Once you're satisfied with the drafts, we prepare the final documents and guide you through the process of execution in the presence of witnesses, as required by Massachusetts law. 

5. Ongoing Support 

Life is constantly changing, and so should your will. We offer ongoing support and regular reviews to ensure that your will continues to reflect your current wishes and circumstances. 

FAQs About Wills

Here are some commonly asked questions about wills and estate planning documents:

Do I really need a will if I don't have many assets?

Yes, having a will is important regardless of the size of your estate. It lets you specify who will inherit your assets, name a guardian for your minor children, and even make arrangements for your funeral. Without a will, your assets will be distributed according to the state's intestate laws, which may not align with your personal wishes.

Can I make changes to my will after it's been created?

Absolutely. You can amend your will at any point in your life. We recommend reviewing your will periodically and making updates as needed, especially after major life events such as marriage, divorce, the birth of a child, changes to your assets, or significant changes in your financial situation. 

What happens if I pass away without a will?

If you die without a will (intestate), your assets will be distributed according to Massachusetts state law, which may not align with your personal wishes. This often leads to delays and additional costs for your loved ones. 

How much does it cost to create a will?

The cost of creating a will can vary based on the complexity of your estate and your specific needs. At Coastal Legal Affiliates, P.C., we offer competitive pricing and will provide a clear estimate during your initial consultation. To be frank, the costs associated with passing without a will can be far more burdensome to your loved ones.

Can I make a will online?

No, you shouldn't. While online will-making services and fill-in-the-blank rubrics may be convenient, they lack the personalized attention and legal expertise necessary to address complex situations. Working with an experienced attorney ensures that your will is comprehensive, legally sound, and tailored to your specific needs. 

What should I include in my will? 

When creating a will, you should include personal information such as your full name, the names of your beneficiaries, and a detailed list of your assets. You should also appoint an executor; someone you trust to manage your estate and ensure your wishes are followed.

Consider including special instructions, such as how to handle debts or personal items of sentimental value. 

What is a testamentary trust?

A testamentary trust is a type of trust established through a last will and testament. The person who creates the trust, known as the grantor, outlines the terms for the trust in their will. Upon the grantor's death, the trust is automatically set up according to these instructions.

The will specifies who will serve as the trustee(s) and how the trust's assets should be managed and distributed to the beneficiaries.

Testamentary trusts are particularly useful for managing and transferring property to loved ones in a tax-efficient manner. They are commonly used to provide for minor children, relatives, or other heirs. Additionally, testamentary trusts can be designed to facilitate charitable donations.

At Coastal Legal Affiliates, P.C., we can explore options and create a testamentary trust if necessary.

What is a living will?

A living will is a legal document that outlines your preferences for medical treatment if you become unable to communicate your wishes due to illness or injury. It is part of an advance directive and specifies the types of medical interventions you want or do not want, such as life-sustaining treatments, resuscitation, or organ donation.

Unlike a healthcare proxy, which designates someone to make medical decisions on your behalf, a living will focuses specifically on your treatment preferences. It is important to note that while Massachusetts does not have a specific statutory form for living wills, the state recognizes advance directives and health care proxies as legally valid.

To ensure your living will is effective, it’s recommended to discuss it with your attorney to ensure it is aligned with your wishes and any applicable state laws.

Can I write my will without a lawyer?

Yes, it is possible to write your will without a lawyer, but it is highly recommended that you seek professional guidance. If you do it yourself, make sure it meets legal requirements. An attorney can ensure that it is error-free and addresses complex issues that could lead to disputes later. 

Note that if a will is not valid, a court may refuse to enforce it. In the absence of a valid will, your assets will be distributed according to Massachusetts' intestate laws.

Wills and Estate Planning Attorneys in Fall River, Massachusetts

Coastal Legal Affiliates, P.C. offers comprehensive estate planning services to guide you through the process. Our experienced attorneys help create a plan aligning with your circumstances and goals, ensuring every aspect is carefully considered.

Reach out to us today to start working toward securing your family's future in Somerset, Bristol County and Plymouth County, Fall River, Swansea, Dartmouth, New Bedford, Wareham, Lakeville, Plymouth, Kingston, Rockland, Abington, Brockton, and Attleboro. We also have attorneys licensed in Rhode Island.