What is a last will and testament?
A last will and testament is a legal document that puts into writing your wishes regarding the distribution of your assets after you pass away. It is the primary estate planning document in Massachusetts. When you create a last will and testament, you are referred to as the “testator.” As the testator, you will be able to specify who should receive your assets, when they should receive them, and how they should be divided among your heirs. In addition, you can also name a guardian for any minor children, designate a personal representative to carry out your wishes, and provide instructions for the distribution of any personal property. A last will and testament must be signed by at least two witnesses present at the same time, and then attested (signed) by a notary public. You can also choose to have your will “self-proved” so that it can be admitted to probate court without the need for the attesting witnesses to appear. It is important that you make sure your will is properly signed and witnessed in order for it to be valid under Massachusetts law. Once the will has been created, it must be kept in a safe location and should not be changed without legal advice. An estate planning attorney can help you review and update your will as necessary, ensuring that your wishes are carried out after you pass away.
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