What estate planning documents must be witnessed?

In Massachusetts, estate planning documents must be witnessed in order for them to be legally valid. This means that two individuals, who are not related to you or listed in the document, must observe you signing the document in order to affirm that you are of sound mind and that you voluntarily signed the document. The most common documents that require witnessing are wills, revocable trusts, and durable powers of attorney. Wills are often witnessed by two people who are not listed in the document, such as friends or professionals like attorneys. The same applies for revocable trusts, which allow you to determine how your assets should be managed for you during your lifetime or distributed upon your death. Finally, durable powers of attorney must also be witnessed. This document allows you to appoint an agent to make decisions on your behalf if you are unable to do so. The two witnesses can act as an additional layer of legal protection against any claims of improper influence or fraud. Depending on the specific document, it may also require witnessing by a Notary Public. This is a public official who has the authority to administer oaths, take affidavits, and certify documents. This additional form of witnessing provides additional legal protection for the document and its signatories. It is important to note that the witnessing requirements for documents vary by state. It is important to review the laws in your state, or consult with a qualified estate planning attorney, to be certain.

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What estate planning documents must be witnessed?

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