Add Check Box Fields Legal Massachusetts Pour Over Will Forms For Free

In it, you specify that any assets you and your spouse obtain, that aren't included in your wills, should transfer into the trust upon your death. You also make sure to outline what should happen if there are complications with the trust, stating that your assets will automatically go to your beneficiaries.

To avoid any confusion after your passing, a pour-over will should only include your personal assets, and not any assets that are already part of your living trust.

I give all of my probate estate, after expenses and taxes are for under this Last Will and Testament, to the then-acting Trustee of the Trust Name, dated Trust Date, and any amendments thereto (the “Trust”), executed before this Last Will and Testament, to be added to the property of that trust.

The main difference is in scope. A standard will is intended to account for the entirety of the deceased's estate. They provide instructions for distributing all assets. By comparison, a pour-over will only gives instruction for handling assets not included in the standard will.

No, in Massachusetts, it is not necessary to notarize your will to make it legal. Massachusetts does, however, allow you to make your will "self-proving." A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

Technically, you can create your own will in Massachusetts. The only legal requirement is that you sign it in front of at least 2 witnesses and that those witnesses also sign the will.

The main downside to pour-over wills is that (like all wills), the property that passes through them must go through probate.

The general requirements for a valid Will are usually as follows: (a) the document must be written (meaning typed or printed), (b) signed by the person making the Will (usually called the ?testator? or ?testatrix?, and (c) signed by two witnesses who were present to witness the execution of the document by the maker ...

Any material misrepresentation or other evidence of fraud could be enough to invalidate the will. Improper execution. A will must be properly witnessed, notarized, and signed. Failure to abide by these and other formalities may support a will contest.