This Will must be signed in the presence of two witnesses, not related to you or named in your Will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the Will.
Boston Massachusetts Last Will and Testament for Married Person with Minor Children from Prior Marriage
Category:
State:
Massachusetts
City:
Boston
Control #:
MA-WIL-0002
Format:
Word;
Rich Text
Instant download
Description
The Will you have found is for a married person with minor children from a prior marriage. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also provides for the appointment of a trustee for assets left to the minor children.
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How to fill out Massachusetts Last Will And Testament For Married Person With Minor Children From Prior Marriage?
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FAQ
In Massachusetts, like many other states, the elective share statute aims to prevent one from disinheriting a spouse. The elective share statute permits a surviving spouse to set aside their deceased spouse's will and instead claim a statutorily-defined portion of the deceased spouse's probate estate.
In order for the will to be valid, it must either be signed by the testator or signed by someone else in the testator's presence and at the direction of the testator (if the testator is not able to sign the will themselves).
This means that you are free to set out who you want to benefit from your Estate in your Will and exclude anyone you don't want to inherit from you, including your children or even your spouse. So, technically you can disinherit anyone under your Will.
For many years, Massachusetts law provided that, upon marriage, a will was revoked unless it was expressly executed in contemplation of the marriage. With the recent introduction of the Massachusetts Uniform Probate Code, a will is no longer revoked automatically upon marriage.
Do I Need a Lawyer to Make a Will in Massachusetts? No -- you can create your own will in Massachusetts, using Nolo's Quicken WillMaker & Trust. You may want to consult a lawyer in some situations, however.
In the Commonwealth of Massachusetts, unfortunately (or fortunately for the spouse), a person cannot completely disinherit their spouse.
In Massachusetts, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants ? children, grandchildren, or great grandchildren. If you don't, then your spouse inherits all of your intestate property.