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4 essential estate planning documents A will distributes assets upon death. A power of attorney manages finances. Advance care directives manage your health. A living trust is an alternative to a last will.
Handwritten Will: A handwritten will is valid in Massachusetts as long as the testator signs and their signature is witnessed by two witnesses. Some states permit the use of a holographic will, a will in the testator's handwriting that they sign without any witnesses.
If you are unmarried with children, all of your estate will pass to your children in equal portions. If you are unmarried without children, your estate will pass to your parents in equal portions. If you have no surviving parent at the time of death, your assets will be divided among your siblings in equal portions.
If you have children but no spouse, children inherit everything. If you die with a spouse but no descendants or parents, spouse inherits everything. If you and your spouse have descendants together, and your spouse has no descendants by any other partner, your spouse inherits everything.
Your surviving spouse inherits the first $200,000 of your intestate property, plus 2/3 of the balance. The rest of your property goes to your parents or other relatives in the order established by Massachusetts law.
In Massachusetts, the cost for comprehensive estate plan drafting can range from $900 to $4,950 or more, depending on the complexity of your estate and the attorney's experience. The cost of creating a will in Massachusetts can range from roughly $250 to $1,000. A trust typically costs anywhere between $900 and $3,450.
What Is the Spousal Share? A surviving spouse in Massachusetts has a right to receive a certain amount of your estate no matter what your will says. If you and your spouse have children together, that is the first $25,000 in assets and a life interest or life estate in 1/3 of the remaining assets.
Background: Massachusetts has an 'Elective Share' Statute This statute is in place to ensure that the surviving spouse is not left without adequate financial support after the death of their spouse. In other words, Massachusetts law actually prohibits a person from completely disinheriting a spouse.